1.1

This zoning ordinance and amendments thereto enacted conform to the provisions of the Rhode Island Zoning Enabling Act (the act) of 1991, G.L. 1956, §§ 45-24-27 through 45-24-77 inclusive.

1.2

All provisions of zoning adopted under authority of the provisions of sections 45-24-1 through 45-24-26 or of chapter 2065 of the Public Laws of 1933 repealed hereby shall become null and void as of July 1, 1994, unless amended so as to conform to the provisions of the act.

1.3

Notwithstanding any provisions of this zoning ordinance and amendments thereto, structures, buildings and land owned by the town may be used for the placement, erection and maintenance of telecommunication facilities in any district, and such telecommunication facilities so erected and/or used shall be exempt from the provisions of this zoning ordinance.

(Ord. No. 2024-5, 6-18-2024)

These zoning regulations are developed and maintained in reliance upon the West Warwick comprehensive plan prepared and adopted by the town in accordance with the Rhode Island General Laws and are designed to address the following purposes. The town council recognizes these purposes, each with equal priority and numbered for reference only.

2.1

Promoting the public health, safety, and general welfare.

2.2

Providing for a range of uses and intensities of use appropriate to the character of the town and reflecting current and expected future needs.

2.3

Providing for orderly growth and development which recognizes:

2.3.1

The goals and patterns of land use contained in the comprehensive plan of the Town of West Warwick adopted pursuant to the General Laws;

2.3.2

The natural characteristics of the land, including its suitability for use based on soil characteristics, topography, and susceptibility to surface or groundwater pollution;

2.3.3

The values and dynamic nature of freshwater ponds, riverfront, streambanks and the shorelines, and freshwater wetlands;

2.3.4

The values of unique or valuable natural resources and features;

2.3.5

The availability and capacity of existing and planned public and/or private services and facilities;

2.3.6

The need to shape and balance urban and rural development; and

2.3.7

The use of innovative development regulations and techniques.

2.4

Providing for the control, protection and/or abatement of air, water, groundwater, and noise pollution, and soil erosion and sedimentation.

2.5

Providing for the protection of the natural, historic, cultural, and scenic character of the town and areas therein.

2.6

Providing for the preservation and promotion of agricultural production, forest, silviculture, aquaculture, timber resources, and open space.

2.7

Providing for the protection of public investment in transportation, water, stormwater management systems, sewage treatment and disposal, solid waste treatment and disposal, schools, recreation, public facilities, open space, and other public requirements.

2.8

Promoting a balance of housing choices, for all income levels and groups, to assure the health, safety and welfare of all citizens and their rights to affordable, accessible, safe and sanitary housing.

2.9

Providing opportunities for the establishment of low- and moderate-income housing.

2.10

Promoting safety from fire, flood, and other natural or man-made disasters.

2.11

Promoting a high level of quality in design in the development of private and public facilities.

2.12

Promoting implementation of the comprehensive plan of the Town of West Warwick adopted pursuant to the General Laws.

2.13

Providing for coordination of land uses with contiguous municipalities, other municipalities, the state and other agencies, as appropriate, especially with regard to resources and facilities that extend beyond municipal boundaries or have a direct impact on that municipality.

2.14

Providing for efficient review of development proposals, to clarify and expedite the zoning approval process.

2.15

Providing for procedures for the administration of the zoning ordinance, including, but not limited to, variances, special use permits, and where adopted, procedures for modifications.

2.16

Providing for coordination with contiguous communities. It is the intention of this ordinance to facilitate coordination with contiguous municipalities and state agencies with regard to land use decisions which may affect shared resources and facilities, abutting property, and the greater public good. This coordination shall be carried out be [by] assuring this ordinance is consistent with the West Warwick comprehensive plan and any amendments thereto, which is reviewed by other municipalities and state agencies; and notifying, in accordance with Rhode Island General Laws, property owners, water resource boards, and/or city or town governing bodies of pending variance and special use applications or zoning map amendment petition and associated public hearings. Notices of proposals in neighboring communities or by state agencies shall be forwarded to the planning board for their review and when concerns exist with regard to consistency with the objectives of the West Warwick comprehensive plan, comments shall be prepared and forwarded to the agency submitting notice.

2.17

To satisfy the minimal requirements of the State Zoning Enabling Act as set forth in G.L. 1956 § 45-24-37(e). (Ord. No. 2022-15 , 11-1-2022)

2.18

To satisfy the minimal requirements of the State Zoning Enabling Act as set forth in RIGL § 45-24-33 standard provisions.

(Ord. No. 2024-5, 6-18-2024; Ord. No. 2024-18, 10-15-2024)

Where words or terms used in this chapter are defined in G.L. 1956, § 45-22.2-4 or § 45-23-32, they have the meanings stated in those sections. In addition, the following words have the following meanings. Additional words and phrases may be used in developing local ordinances under this chapter; however, the words and phrases defined in this section are controlling in all local ordinances created under this chapter:

Abutter. One whose property abuts, that is, adjoins at a border, boundary, or point with no intervening land.

Accessory dwelling unit (ADU). A residential living unit on the same lot where the primary principal use is a legally established single-family dwelling unit or multi-family dwelling unit dwelling. An ADU provides complete independent living facilities for one or more persons. It may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

Accessory use. A use of land or of a building, or portion thereof, customarily incidental and subordinate to the principal use of the land or building. An accessory use may be restricted to the same lot as the principal use. An accessory use shall not be permitted without the principal use to which it is related.

Adaptive reuse. The conversion of an existing structure from the use for which it was constructed to a new use by maintain elements of the structure and adapting such elements to a new use.

Adjustment(s) means a request or requests by the applicant to seek relief from the literal use and dimensional requirements of the municipal zoning ordinance and/or the design standards or requirements of the municipal land development and subdivision regulations. The standard for the local review board's consideration of adjustments is set for the in §45-53-4(d)(2)(iii)(E)(II).

Adult use. An establishment where goods and services relate to sexual activities or specified anatomical areas including, but not limited to motion pictures or other images provided for viewing on premises; videos and movies for sale or rent; sale of books, magazines, periodicals or other printed materials, sale of devices, objects, tools or toys; establishments providing display of live nudity of anatomical areas of the body.

Aggrieved party. An aggrieved party, for purposes of this chapter [ordinance], shall be:

(i)

Any person or persons or entity or entities who can demonstrate that their property will be injured by a decision of any officer or agency responsible for administering the zoning ordinance; or

(ii)

Anyone requiring notice pursuant to this chapter [ordinance].

Agricultural land. "Agricultural land," as defined in section 45-22.2-4. Land suitable for agriculture by reason of suitability of soil or other natural characteristics or past use for agricultural purposes. Agricultural land includes that defined as prime farmland or additional farmland of statewide importance for Rhode Island by the Soil Conservation Service of the United States Department of Agriculture.

Agriculture. The cultivation of the soil for food products, whether or not on agricultural land or in agricultural greenhouses. The normal preparation of such products for market and the incidental raising of small numbers of livestock or poultry for on-premises household consumption shall be considered an accessory use, provided no sale of animals or animal products are conducted.

Applicant. An owner or authorized agent of the owner submitting an application or appealing an action of any official, board or agency.

Application. The completed form or forms and all accompanying documents, exhibits, and fees required of an applicant by an approving authority for development review, approval, or permitting purposes.

Bed and breakfast. A residence, usually owner occupied, in which individual furnished rooms are rented on a nightly basis and in which breakfast is included.

Boarding house. A boarding house is a house (frequently a family home) in which lodgers rent one or more rooms on a nightly basis, and sometimes for extended periods of weeks, months, and years. The common parts of the house are maintained, and some services, such as laundry and cleaning, may be supplied. They normally provide "room and board," that is, at least some meals as well as accommodation.

Buffer. Land which is maintained in either a natural or landscaped state and is used to screen and/or mitigate the impacts of development on surrounding areas, properties or rights-of-way.

Building. Any structure used or intended for supporting or sheltering any use or occupancy.

Building envelope. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by regulations governing building setbacks, maximum height, and bulk; by other regulations; and/or any combination thereof.

Building height. For a vacant parcel of land, building height shall be measured from the average, existing-grade elevation where the foundation of the structure is proposed. For an existing structure, building height shall be measured from average grade taken from the outermost four corners of the existing foundation. In all cases, building height shall be measured to the top of the highest point of the existing or proposed roof or structure. This distance shall exclude spires, chimneys, flag poles, and the like. For any property or structure located in a special flood hazard area, as shown on the official FEMA Flood Insurance Rate Maps (FIRMs), or depicted on the state coastal resources management council (CRMC) suggested design elevation three foot sea level rise (CRMC SOE 3 SLR) map as being inundated during a one-hundred-year storm, the greater of the following amounts, expressed in feet, shall be excluded from the building height calculation:

(i)

The base flood elevation on the FEMA FIRM plus up to five feet of any utilized or proposed freeboard, less the average existing grade elevation; or

(ii)

The suggested design elevation as depicted on the CRMC SOE 3 SLR map during a one-hundred-year storm, less the average existing grade elevation. CRMC shall reevaluate the appropriate suggested design elevation map for the exclusion every ten (10) years, or as otherwise necessary.

Camper. A mobile recreational seasonal living unit designed to be mounted upon and conveyed by another vehicle. A camper unit shall be not be [shall not be] occupied as a dwelling unit.

Cardholder. When used in relation to medical marijuana means a person who has been registered or licensed with the Department of Health or the Department of Business Regulation pursuant to G.L. Title 21, Chapter 28.6 and possesses a valid registry identification card or license.

Clinic. A place where medical or dental care is furnished to persons on an out-patient basis by one or more doctors, clinical psychologists, dentists, physician's assistants, nurses, and such other medical professionals licensed or regulated by the State of Rhode Island.

Common ownership. Either:

(i)

Ownership by one or more individuals or entities in any form of ownership of two or more contiguous lots; or

(ii)

Ownership by any association (such ownership may also include a municipality) of one or more lots under specific development techniques.

Community residence. In accordance with the provisions of G.L. 1956, tit. 45, ch. 24, a home or residential facility where children and/or adults reside in a family setting and may or may not receive supervised care. This shall not include halfway houses or substance abuse treatment facilities. This shall include, but not be limited to, the following:

Whenever six or fewer children or adults with intellectual and/or developmental disability reside in any type of residence in the community, as licensed by the state pursuant to G.L. 1956, tit. 40.1, ch. 24. All requirements pertaining to local zoning are waived for these community residences;

A group home providing care or supervision, or both, to not more than eight persons with disabilities, and licensed by the state pursuant to G.L. 1956, tit. 40.1, ch. 24;

A residence for children providing care or supervision, or both, to not more than eight children including those of the care giver and licensed by the state pursuant to G.L. 1956, § 42-72.1-1 et seq.;

A community transitional residence providing care or assistance, or both, to no more than six unrelated persons or no more than three families, not to exceed a total of eight persons, requiring temporary financial assistance, and/or to persons who are victims of crimes, abuse, or neglect, and who are expected to reside in that residence not less than 60 days nor more than two years. Residents will have access to and use of all common areas, including eating areas and living rooms, and will receive appropriate social services for the purpose of fostering independence, self-sufficiency, and eventual transition to a permanent living situation.

Comprehensive plan. The comprehensive plan when adopted and approved pursuant to G.L. 1956, tit. 45, ch. 22.2 and to which any zoning adopted pursuant to the act shall be in compliance.

Congregate living facility. An establishment or portion thereof that contains sleeping units where residents share bathroom and/or kitchen facilities.

Cooperative cultivations. When used in relation to medical marijuana means two or more qualifying patient or primary caregiver cardholders who cooperatively cultivate marijuana in residential or nonresidential locations and possess a license to operate from the Department of Business Regulation.

Day care, day care center. Any other day care center which is not a family day care home.

Day care, family day care home. Any home other than the individual's home in which day care in lieu of parental care or supervision is offered at the same time to six or fewer individuals who are not relatives of the care giver but may not contain more than a total of eight individuals receiving day care, as regulated by the state.

Density, residential. The number of dwelling units per unit of land, expressed as the ratio of the total number of dwelling units divided by the total number of acres of usable lot area.

Development. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill or land disturbance; any change in use, or alteration or extension of the use, of land.

Development plan review. See R.I.G.L. § 45-23-32 and 45-23-50.

Disabilities. When used in the zoning code the term "disabilities" when referring to a person or persons means a person or persons who has/have a physical or mental impairment that substantially limits one or more major life activities, as defined in G.L., as amended, [G.L. 1956,] § 42-87-1(7).

Donation collection recycling bins shall mean those containers in which members of the public generally deposit used clothing, shoes, books and other items of personal property.

Drainage system. A system for the removal of water from land by drains, grading, or other appropriate means.

Dwelling unit. A structure or portion thereof providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and containing a separate means of ingress and egress.

Dwelling, multiple-family. A building containing three or more dwelling units with the number of households in occupancy not exceeding the number of dwelling units provided. Apartments, row houses, townhouses, condominium developments, and similar housing types, whether or not dwelling units therein which are sold, rented or leased are included, but not including rooming houses, boardinghouses, dormitories, fraternities and sororities, hotels, motels, hospitals or nursing homes.

Dwelling, single-family. A detached building not including a mobile home, containing no more than one dwelling unit.

Dwelling, two-family. A detached building containing two dwelling units.

Extractive industry. The extraction of minerals, including solids, such as coal and ores; liquids, such as crude petroleum; and gases, such as natural gases. The term also includes quarrying; well operation; milling, such as crushing, screening, washing, and flotation; and other preparation customarily done at the extraction site or as a part of the extractive activity.

Family member. A person, or persons, related by blood, marriage, or other legal means, including, but not limited to, a child, parent, spouse, mother-in-law, father-in-law, grandparents, grandchildren, domestic partner, sibling, care recipient, or member of the household.

Federally insured or assisted housing. Federally insured or assisted housing means:

(i)

Low-income housing units insured or assisted under sections 221 (d)(3) and 236 of the National Housing Act [12 use section 1701 et seq.];

(ii)

Low-income housing units produced with assistance under section 8 of the U.S. Housing Act of 1937 [42 use section 1401 et seq.]; and

(iii)

Rural low-income housing financed under section 515 of the Housing Act of 1949 [12 USC section 1715Z].

Firearms. Weapons from which a shot or shots are fired by any explosive force.

Floodplains or flood hazard area. As defined in G.L. 1956, § 45-22.2-4. An area that has a one percent or greater chance of inundation in any given year, as delineated by the Federal Emergency Management Agency pursuant to the National Flood Insurance Act of 1968, as amended (P.L. 90-448) [42 USC 4011 et seq.].

Garage, private. A fully enclosed attached or separate accessory building for the storage of motor vehicles, owned or regularly used by the owner or tenant of the lot. Buildings in which fuel is sold or repair or other services performed shall not be construed as private garages.

Gas station. A place where motor vehicle fuels and lubricants are sold at retail and dispensed by the patron or by an attendant. Nonautomotive retail convenience goods may be sold on the premises as an accessory use. Automotive repair or services are prohibited.

Groundwater. "Groundwater" and associated terms, as defined in G.L. 1956, § 46-13.1-3.

Halfway houses. A residential facility for adults or children who have been institutionalized for criminal conduct and who require a group setting to facilitate the transition to a functional member of society.

Hardship. See G.L. 1956, § 45-24-41.

Historic district or historic site. As defined in G.L. 1956, § 45-22.2-4. "Historic district" means one or more historic sites and intervening, or surrounding property significantly affecting or affected by the quality and character of the historic site or sites, and has been registered, or is deemed eligible to be included, on the state register of historical places pursuant to section 42-45-5. "Historic site" means any real property, man-made structure, natural object, or configuration or any portion or group of the foregoing which has been registered, or is deemed eligible to be included, on the state register of historic places pursuant to G.L. 1956, § 42-45-5.

Home occupation. Home occupation shall include:

An accessory use of a dwelling unit or accessory structure, involving the manufacture, provision or sale of good and/or services, which is carried out by members of the family residing on the premises plus no more than one nonresident assistant or employee.

Home occupations do not include occasional garage sales and yard sales nor home parties which are held for the purpose of sale of goods or services, provided however, that if the collective total of all such sales and/or parties exceed three in any calendar year such sales and/or parties shall be considered a home occupation and regulated hereby.

Hotel. A commercial establishment offering lodging to travelers and permanent residents, in which each room or suite includes a private bathroom, and frequently includes restaurants, entertainment, meeting rooms, stores and various personal services.

Household One or more persons living together in a single dwelling unit, with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit. The term "household unit" shall be synonymous with the term "dwelling unit" for determining the number of such units allowed within any structure on any lot in a zoning district. An individual household shall consist of any one of the following:

1.

A family, which may also include servants and employees living with the family: or

2.

A person or group of persons living together, the maximum number shall not be less than one person per bedroom and shall not be more than five unrelated persons per dwelling.

Kennel. The temporary keeping of others' animals for remuneration.

Infrastructure. Facilities and services needed to sustain residential, commercial, industrial, institutional, and other activities.

Land development project. As defined in R.I.G.L. § 45-23-32.

Laundromat. A building or portion thereof where patrons wash, dry or dry-clean clothing and other fabrics in machines operated by the patron.

Lot. Either:

(i)

The basic development unit for determination of lot area, depth, and other dimensional regulations; or

(ii)

A parcel of land whose boundaries have been established by some legal instrument such as a recorded deed or recorded map and which is recognized as a separate legal entity for purposes of transfer of title.

Lot area. The total area within the boundaries of a lot, excluding any street right-of-way, usually reported in acres or square feet.

Lot area, usable. For the purpose of calculating the lot building coverage on a lot and for the purpose of determining minimum lot area requirements, the calculation of the usable lot area for all uses shall exclude the following:

(i)

Lands under water.

(ii)

Wetlands as defined by G.L. 1956, § 2-1-1 et seq., or amendments thereto.

(iii)

All streets or rights-of-way, public or private, which serve or are intended to service more than one principal building or use. Public access or scenic areas, exclusive of those located in wetlands, conveyed by easement to the town, state or other governmental entity solely, or waterfront access may be included in lot area for calculations.

(iv)

Lands possessing areas with slopes in excess of 20 percent and ledge outcrops.

(v)

Lands located within special flood hazard areas, as defined by the Federal Emergency Management Agency's "Flood Insurance Rate Map" and "Flood Boundary and Flood Way Map," as may be amended.

Lot building coverage. That portion of the lot that is or may be covered by buildings and accessory buildings. This shall be expressed as a percent and shall express the portion of the usable lot area that is or may be covered by the total maximum horizontal cross-section of any building or buildings.

Lot depth. The distance measured from the front lot line to the rear lot line. For lots where the front and rear lot lines are not parallel, the lot depth is an average of the depth but shall not be less than minimum required depth, wherever measured. Refer to subsection 5.7.2 for additional measurement procedures.

Lot frontage. That portion of a lot abutting a street. Refer to subsection 5.7.1 for additional measurement procedures.

Lot line. A line of record, bounding a lot, which divides one lot from another lot or from a public or private street or any other public or private space and shall include:

(i)

Front. The lot line separating a lot from a street right-of-way where the front lot line fronts on more than one street, the front lot line shall be determined by the building inspector;

(ii)

Rear. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, an assumed line at least ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line; and

(iii)

Side. Any lot line other than a front or rear lot line. On a corner lot, one side lot line may also be a street lot line.

Lot, through. A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.

Lot width. The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum front setback line. Refer to subsection 5.7.3 for additional measurement procedures.

Mere inconvenience. See G.L. 1956, § 45-24-41.

Mixed use. A mixture of land uses within a single development, building, or tract.

Mobile home. A dwelling unit, factory-built and factory-assembled, designed for conveyance, after fabrication, on streets and highways on its own wheels or on a flatbed or other trailers and arriving at the site where it is to be occupied as a dwelling unit, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, such as locating on jacks or other foundation or connection to utilities. A prefabricated home, modular home or structure shall not be included in this definition.

Modification. Permission granted and administered by the building inspector pursuant to the provisions of this ordinance to grant a dimensional variance other than lot area requirements, not to exceed 25 percent of each of the applicable dimensional requirements.

Motel. A hotel providing lodging and free parking, typically having rooms adjacent to an outside parking area or parking garage.

Nonconformance. A building, structure, or parcel of land, or use thereof, lawfully existing at the time of the original adoption or amendment of the zoning ordinance and not in conformity with the provisions of such ordinance or amendment. Nonconformance shall be of only two types:

Nonconforming by use. A lawfully established use of land, building, or structure which is not a permitted use in that zoning district. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; or

Nonconforming by dimension. A building, structure, or parcel of land not in compliance with the dimensional regulations of the zoning ordinance. Dimensional regulations include all regulations of the zoning ordinance, other than those pertaining to the permitted uses. A building or structure containing more dwelling units than are permitted by the use regulations of a zoning ordinance shall be nonconforming by use; a building or structure containing a permitted number of dwelling units by the use regulations of the zoning ordinance, but not meeting the lot area per dwelling unit regulations, shall be nonconforming by dimension.

Nursing home. A structure designed or used for residential occupancy and providing medical or nursing care on the premises for occupants on rehabilitative or long-term care but not including a hospital or clinic, nor separate living quarters for each occupant containing some or all provisions of a dwelling unit.

Open space. Any parcel or area of land or water set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space; provided that the area may be improved with only those buildings, structures, streets, and off-street parks and other improvements that are designated to be incidental to the natural openness of the land.

Overlay district. A district established in a zoning ordinance that is superimposed on one or more districts or parts of districts. The standards and requirements associated with an overlay district may be more or less restrictive than those in the underlying districts consistent with other applicable state and federal laws.

Performance standards. A set of criteria or limits relating to elements which a particular use or process either must meet or may not exceed.

Permitted use. A use by right which is specifically authorized in a particular zoning district.

Planned development. A "land development project," as defined herein, and developed according to plan as a single entity and containing one or more structures and/or uses with appurtenant common areas.

Planning board. The body established by the town of West Warwick which has the responsibility to prepare a comprehensive plan and make recommendations concerning that plan to the town council.

Preapplication conference. A review meeting of a proposed development held between applicants and reviewing agencies as permitted by law and municipal ordinance before formal submission of an application for a permit or for development approval.

Primary caregiver. When used in relation to medical marijuana means a natural person, who is at least 21 years old.

Residential mobile home park. A subdivision designed and intended for residential use where all residences are therein mobile homes.

Restaurant, fast food. That type of retail restaurant, refreshment stand, and/or commercial establishment, self-service or otherwise, designed or used, in whole or in part, to cater to and/or accommodate, in whole or in part, the consumption of food, dessert, or beverages anywhere upon the premises, both inside and outside the building from which it is sold and/or dispensed, whether or not the owner of such restaurant or commercial establishment grants active permission for customers to do so, including, but not limited to, that type of retail establishment which includes substantially stand-up, counter and/or drive-in service and primarily serves or dispenses food, dessert, or beverages in or with disposable or nonreusable containers and/or utensils.

Restaurant, standard. A retail establishment where food or beverages are cooked or prepared and offered for sale and where individual customer service is provided at fixed or movable seating at which it is consumed, whether or not entertainment is offered, and includes establishments commonly known as bars, grilles, cafes, taverns, and nightclubs permitting consumption on the premises, but excludes fast food restaurants.

Right-of-way. Any easement in or property acquired by the town or state for the purpose of establishing streets or highways, including pedestrian sidewalks, bicycle paths, safety rest areas, landscaping, or any other purpose incidental to highway travel.

Rooming house. A dwelling unit where multiple, individual rooms, are rented out individually, with furniture, nightly or for an extended period of time, in which the tenants share bathroom and kitchen facilities.

Self-storage facility. A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled access stalls, rooms, or lockers, designed to be used for the storage of personal property of an individual, family or business. No occupant shall use a self-storage facility for habitation or any residential purpose.

Service station. A business establishment that performs automotive repairs or service, and which may supply fuel, oil, and automobile accessories to motor vehicles, including grease racks, elevators, provide minor tire and battery services, but not including the storage of unregistered cars, nor more than six cars awaiting parts or customer pickup. Nonautomotive or retail convenience sales are not permitted.

Setback line or lines. A line or lines parallel to a lot line at the minimum distance of the required setback for the zoning district in which the lot is located that establishes the area within which the principal structure must be erected or placed.

Sign. Any permanent or temporary device or structure which contains one or more of the following characteristics in each of the paragraphs 3.73.1, 3.73.2, and 3.73.3 below:

Freestanding, attached to a building or structure or erected, painted, represented, or reproduced outside any building or structure or any natural object such as a tree, rock, bush, including the ground itself.

Which displays, reproduces or includes any letter, word, name, number, model, symbol, insignia, design, device, representation or trademark, or flag (including banner or pennant).

Which is used to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service, or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of any premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia, or any representation used to advertise or promote the interests of any person.

In no event shall the word "sign" be construed to mean any sign in the interior of any structure unless it is specifically set forth in this ordinance or displayed within the view of persons passing on a street or public sidewalk.

Sign. Defined by location.

Canopy or awning. A sign other than a projecting sign designated on a canopy or awning and identifying the name or address of a building or an establishment contained therein.

Face signs. Sign painted on the wall of a building.

Ground. A detached sign erected upon or supported by the ground.

Marquee. A sign other than a projecting sign mounted on the marquee of any building.

Mobile signs. A sign mounted on its own wheels or mounted on a vehicle.

Projecting. A sign erected approximately perpendicular to the wall of a building, including a sign erected at the corner of a building, projecting into an open space or yard but not projecting into the right-of-way of any street, sidewalk, alley, or other public thoroughfare.

Roof A sign erected upon the roof of any building.

Wall. A sign erected against the wall of any building with the exposed face thereof in a plane parallel to the plane of said wall, and which sign is mounted, at a distance, measured perpendicular to said wall, no greater than 12 inches. A wall sign shall include a sign suspended from the ceiling of a marquee, canopy, or vestibule and a sign attached to any fence, screen, or freestanding wall.

Signs. Defined by message conveyed.

Billboard. An off-premises outdoor advertising structure displaying a sign or signs not pertinent to a use on the premises.

Bulletin board; change board. A sign of permanent character, but with movable letters, words or numerals, or changeable copy, not by any mechanical or electronic means, indicating the names of persons associated with the events conducted upon or products or services offered upon the premises upon which such sign is maintained.

Business. A sign directing attention to a business, commodity, service or entertainment conducted, sold, or offered upon the same premises as those upon which the sign is maintained.

Instructional or directional. A sign conveying instructions with respect to the premises on which it is maintained, such as a sign designating the entrance to or exit from a parking area, a trespassing sign, danger sign, and similar signs.

Job site or improvement. Temporary signs announcing the erection of buildings or other construction work, either freestanding or attached to the premises.

Nameplate. A sign indicating only the name and address of an occupant.

Off-site directional signs. Official signs erected by the town of West Warwick, the State of Rhode Island or federal government, indicating the route to major public facilities, shopping areas and the like and such signs erected by service clubs and churches.

Political sign. Temporary sign designating a candidate for elective office, or other matter on the ballot.

Professional. A sign indicating the name and occupation of a professional person or group or associated professional persons.

Real estate. A sign advertising the sale, rental or lease of the premises on which it is maintained, including a subdivision sign.

Temporary promotional. A display sign, banner or advertising device constructed of cloth, canvas, fabric, plywood, or other light temporary material, with or without a structural frame, intended to promote special sales, free gifts, openings, or campaigns.

Site plan. The development plan for one or more lots on which is shown the existing and/or the proposed conditions of the lot.

Slope of land. The grade, pitch, rise, or incline of the topographic landform or surface of the ground.

Special use. A regulated use which is permitted pursuant to the special use permit issued by the authorized governmental entity, pursuant to G.L. 1956, § 45-24-42. Formerly referred to as a "special exception."

Storage unit. Any temporary structure or container used for the storage personal property of every nature and kind.

Street. A public right-of-way or highway established, accepted and maintained under public authority.

Street fine. The dividing line between a public way and an adjacent lot.

Structure. A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below, the surface of land or water.

Structure, temporary. A structure having the same requirements as a permanent structure, except that is does not require a foundation.

Substandard lot of record. Any lot lawfully existing at the time of adoption or amendment of the zoning ordinance and not in conformance with the dimensional and/or area provisions of the ordinance.

Telecommunications facility. The plant, equipment and property, including but not limited to cables, wires, conduits, ducts, pedestals, antennae, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.

Tourist or transient use is an occupancy period of less than 30 days or has been offered for rental on a hosting platform.

Travel trailer. A mobile home not exceeding eight feet in width nor more than 33 feet in length. Travel trailers shall not be occupied as a dwelling unit.

Use. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.

Variance. Permission to depart from the literal requirements of the zoning ordinance. An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land, which is prohibited by the zoning ordinance. There shall be only two categories of variance, a use variance or a dimensional variance. However, the fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

Dimensional variance. Permission to depart from the dimensional requirements of this zoning ordinance under the applicable standards set forth in R.I.G.L. § 45-24-41.

Use variance. Permission to depart from the use requirements of the zoning ordinance where the applicant for the requested variance has shown by evidence upon the record that the subject land or structure cannot yield any beneficial use if it is to conform to the provisions of the zoning ordinance.

Waters. As defined in G.L. 1956, § 46-12-l(b).

Wetland, freshwater. As defined in G.L. 1956, § 2-1-20. A marsh, swamp, bog, pond, river, river or stream flood plain or bank, area subject to flooding or storm flowage; emergent or submergent plant community in any body of fresh water; or area within 50 feet of the edge of a bog, marsh, swamp, or pond, as defined in G.L. 1956, § 2-1-20.

Yard. The required space on a lot to be open, unoccupied and unobstructed by structures, whether such structures be affixed permanently or temporarily to the ground or whether such structures be an overhang from a principal structure, except as otherwise provided for in this zoning ordinance, or by storage of vehicles, campers, travel trailers, mobile homes, boats, boat trailers or similar equipment, located between any lot line and the setback required there from, except as otherwise specified in this ordinance.

Yard, corner side. A required side yard adjacent to a public way.

Yard, front. A required yard extending across the full width of the lot adjacent to the front lot line.

Yard, interior side. A required side yard not adjacent to a public way.

Yard, rear. A required yard extending from the rear of the principal structure to the rear lot line and extending across the full width of the lot.

Yard, side. A required yard extending from the rear of the required front yard, or from the side lot line where no front yard is required, to the rear lot line.

Zoning certificate. A document signed by the building inspector, as required in the zoning ordinance, which acknowledges that a use, structure, building or lot either complies with or is legally nonconforming to the provisions of the zoning ordinance or is an authorized variance or modification therefrom.

Zoning map. The map or maps which are a part of this zoning ordinance and which delineate the boundaries of all mapped zoning districts within the physical boundary of the town.

Zoning ordinance. An ordinance enacted by the West Warwick town council pursuant to the Rhode Island General Laws and in the manner providing for the adoption of ordinances in the town Charter, which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the comprehensive plan of the town as defined in G.L. 1956, § 45-22.2-1 et seq., of the act, which includes the zoning map, and which complies with the provisions of Rhode Island General Laws.

Zoning use districts. The basic unit in zoning, either mapped or unmapped, to which a uniform set of regulations applies, or a uniform set of regulations for a specified use. The districts may include, but are not limited to, agricultural, commercial, industrial, institutional, open space, and residential. Each district may include subdistricts. Districts may be combined.

(Ord. No. 2024-5, 6-18-2024; Ord. No. 2024-18, 10-15-2024)

4.1

District boundaries. The boundaries of said zoning use districts are hereby established as shown on the town zoning map which is adopted as part of this ordinance and which is on file with office of the town clerk and the building inspector.

4.1.1

Residential districts.

Residence 10 (R-10) formerly residence AA.

Residence 8 (R-8) formerly residence A.

Residence 7.5 (R-7.5) formerly residence B.

Residence 6 (R-6) formerly residence C.

4.1.2

Nonresidential districts.

Business (B) formerly business D.

Commercial industrial (CI) formerly industrial E.

Business park (BP).

4.2

Split lots. Wherever a district boundary splits a lot into two or more separate zoning districts, a prospective use may be processed only if it is listed in the table of uses for the district. The dimensional requirements for such use shall be determined by the district in which it is located. Where a proposed use is permitted in two or more districts on the same lot, the dimensional requirements, other than density, shall be determined by the district's dimensional regulations which contains the most usable lot area. For density requirements, all portions of the lot shall be calculated proportionately, by usable lot area within each district.

4.3

Interpretation. Where, due to the scale, lack of detail or illegibility of the zoning map of the town of West Warwick, it shall be determined that the boundary lines of districts are lot lines, centerlines of streets or such lines extended, railroad right-of-way lines, or the centerlines of watercourses. Interpretations concerning the text of this ordinance and the exact location of district boundary lines as shown on the zoning map shall be made by the building inspector. Any person aggrieved by such interpretation of the building inspector may appeal such interpretation to the zoning board of review.

4.4

Zoning affects every structure and use. No structure shall be constructed, erected, placed, moved or maintained nor shall the exterior be altered, and no land use shall be commenced or continued within the town unless in conforming with the regulations wherein specified for the district in which it is located, except as provided for in sections 7 and 8 herein.

4.6

Area requirements dedicated. No part of a lot, yard, parking space, or other dimension required for any building or use for the purposes of complying with the provisions of this ordinance shall be included as part of a lot, yard, parking space, or other dimension required under this ordinance for another use or building except as provided in section 5.9.8, joint use.

4.7

Only one dwelling on any lot. In no case shall there be more than one dwelling and its accessory buildings on one lot, except that (1) a detached residential living unit is allowed and (2) two-family and/or multiple-family developments may permit more than one residential structure per lot in conformity with this ordinance.

4.9

Street access. No structure shall be erected on or moved onto a lot which does not have frontage equal to or greater than the required minimum frontage as required in this ordinance, for the district in which it is located except as permitted in subsections 7 and 8.

4.10

Corner visibility. Within any required front or corner side yard on any corner lot or any driveway or curb cut, no wall, fence, sign, hedge, shrub or other obstruction to visibility shall be permitted between the heights of 2½ and ten feet above the existing street grade within an area 50 feet long and five feet wide measured along the street line and in either direction from such intersection or driveway or curb cut.

4.11

Temporary uses permitted. A temporary building or yard for construction materials and/or equipment, a temporary office for the sale or rental of real property, if in connection with an incidental and necessary to a real estate development, and a temporary trailer used for residential occupancy necessitated by any loss or damage of a principal structure by fire, or natural disaster shall be permitted in any district subject to approval by the building inspector; provided that any building permit for any such temporary use shall be valid for not more than six months unless such time period is extended by the building inspector. All other temporary and/or mobile facilities for residential, commercial or industrial use are prohibited in any district; provided, however, that this prohibition shall not apply to such temporary and/or mobile facilities which are owned and/or operated by federal, state, or municipal agencies or by any hospital, school, charitable, nonprofit, or religious institution.

4.12

Reserved.

4.13

Overlay district regulations, hotel/motel, multi-family, transient and office business category.

4.13.1

Intent. The overlay district is established to provide for additional uses now prohibited in the commercial/industrial zone, while maintaining all the dimensional and other requirements associated with the underlying commercial/industrial zone.

4.13.2

Establishment of the district. The hotel/motel, multi-family and business overlay district is hereby established for the following parcels with the current commercial/industrial zone lying south of 1-95: Assessor's Plat 30, Lots 1,7, 13, 14, 15, 18, 22, 32, 34, 36, 39, 41.

4.13.3

Permitted uses. All uses permitted in the underlying Cl district remain permitted, but in addition pursuant to the existing zoning ordinance, the following uses are permitted:

4.13.3.1

Office business category.

4.13.3.2

Other business uses (hotel/motel, transient).

4.13.3.3

Residential uses (multi-family dwellings).

4.13.4

Qualifier. In the case of conflict among regulations, the stricter standards shall apply.

(Ord. No. 2024-5, 6-18-2024; Ord. No. 2024-18, 10-15-2024)

5.1

Table of use regulations. The following Table denotes the uses permitted in the Town of West Warwick. Uses that are permitted by right are indicated with a "Y". Uses that are not permitted and prohibited are denoted with an "X," Uses permitted as a special use permit under the specific and objective criteria contained in Sect. 5.3 are denoted with an "S."

Accessory uses are uses which are clearly incidental to and customarily associated with the principal use and shall be operated and maintained under the same ownership and on the same lot as the principal use and shall include, but not necessarily be limited to, private garages, home occupations, swimming pools, and accessory parking. Accessory uses cannot exist without nor precede any principal use on a vacant lot. Accessory uses are subject to all the requirements of this appendix except as otherwise provided herein.

² No outdoor sales or storage unless noted for any retail uses.

* In the case of conflict among regulations, the stricter standards of the Business District shall apply.

5.2

Permitted Uses.

(a)

A proposed land use that is not specifically listed may be presented by the property owner to the zoning board of review for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed permitted use. Upon such determination, the proposed use may be considered to be a permitted use.

(b)

Notwithstanding any other provision herein, the following uses are permitted uses within all residential zoning use districts and all industrial and commercial zoning use districts except where residential use is prohibited for public health or safety reasons:

(1)

Households;

(2)

Community residences; and

(3)

Family daycare homes.

(c)

Any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is rendered uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home, or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period of up to twelve (12) months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or a properly designated agent of the owner, is only allowed to cause the mobile and manufactured home, or homes, to remain temporarily upon the land by making timely application to the local building official for the purposes of obtaining the necessary permits to repair or rebuild the structure.

(d)

Notwithstanding any other provision herein, appropriate access for people with disabilities to residential structures is allowed as a reasonable accommodation for any person(s) residing, or intending to reside, in the residential structure.

(e)

Notwithstanding any other provision herein, an accessory dwelling unit "ADU" that meets the requirements of §§ 45-24-31 and 45-24-73 shall be permitted use in all residential zoning districts. An ADU that meets the requirements of §§ 45-24-31 and 45-24-73(a) shall be permitted through an administrative building permit process only.

(f)

When used in this section the terms "people with disabilities" or "member, or members, with disabilities" means a person(s) who has a physical or mental impairment that substantially limits one or more major life activities, as defined in § 42-87-1(7).

(g)

Notwithstanding any other provisions herein, plant agriculture is a permitted use within all zoning districts, including all industrial and commercial zoning districts, except where prohibited for public health or safety reasons or the protection of wildlife habitat.

(h)

Adaptive Reuse. Notwithstanding any other provisions herein, adaptive reuse for the conversion of any commercial building, including offices, schools, religious facilities, medical buildings, and malls into residential units or mixed-use developments is a permitted use, under the criteria described below under Eligibility.

(i)

Eligibility.

a.

Adaptive reuse development must include at least 50% of existing gross floor area developed into residential units.

b.

There are no environmental land use restrictions recorded on the property preventing the conversion to residential use by RIDEM or the US EPA.

(ii)

Density calculations.

a.

For projects that meet the following criteria, the residential density shall be fifteen (15) dwelling units per acre:

ii.

Where the project is limited to the existing footprint, except that the footprint is allowed to be expanded to accommodate upgrades related to the building fire code, and utility requirements.

iii.

The development includes at least twenty percent (20%) low- and moderate-income housing.

iv.

The development has access to public sewer and water service or has access to adequate private water, such as well and/or wastewater treatment systems approved by the relevant state agency for the entire development as applicable.

b.

For all other adaptive reuse projects, the residential density permitted in the converted structure shall be the maximum allowed that otherwise meets all standards of minimum housing and has access to public sewer and water services or has access to adequate private water, such as well and wastewater treatment systems approved by the relevant state agency for the entire development, as applicable.

c.

The density proposed for any adaptive reuse project shall be determined to meet all public health and safety standards.

(iii)

Dimensional requirements.

a.

Notwithstanding any other provisions of this section, existing building setbacks shall remain and are considered legal nonconforming.

b.

No additional encroachments shall be permitted into any nonconforming setback unless relief is granted by the permitting authority.

c.

Notwithstanding other provisions of this section, the height of the structure shall be considered legal nonconforming if it exceeds the maximum height of the zoning district in which the structure is located.

i.

Any rooftop construction necessary for building or fire code compliance, or utility infrastructure is included in the height exemption.

(iv)

Parking requirements.

a.

Adaptive reuse developments shall provide one parking space per dwelling unit. The applicant may propose additional parking in excess of one space per dwelling unit.

b.

The parking requirements and design standards in Section 5.9 shall apply to all uses proposed as part of the project unless otherwise approved by the applicable authority. The number of parking spaces required shall apply for uses other than residential.

(v)

Allowed uses within an adaptive reuse project.

a.

Residential dwelling units are a permitted use in an adaptive reuse project regardless of the zoning district in which the structure is located, in accordance with the provisions of this section.

b.

Any nonresidential uses proposed as part of an adaptive reuse project must comply with the provisions of Section 5 for the zoning district in which the structure is located.

(vi)

Development and Design Standards. Site design shall be in accordance with the Regulations.

(vii)

Procedural requirements.

a.

Adaptive reuse project shall be subject to the procedural requirements of the Regulations and undergo minor or major land development review as determined by the Regulations.

b.

In addition to the checklist requirements for the applicable review process, the applicant shall provide the following information:

1.

The proposed residential density and the square footage of nonresidential uses.

2.

A floor plan to scale for each building indicating, as applicable, the use of floor space, number of units, number of bedrooms, and the square footage of each unit.

c.

Specific and objective provisions

All adaptive reuse projects must comply with the design standards of the regulations.

5.2.1

Accessory dwelling unit allowed by right.

a.

Pursuant to § 45-24-37, one accessory dwelling unit (ADU) per lot shall be allowed by right under the following circumstances:

l.

On an owner-occupied property as a reasonable accommodation for family members with disabilities; or

2.

On a lot with a total lot area of twenty thousand square feet (20,000 sq. ft.) or more for which the primary use is residential; or

3.

Where the proposed ADU is located within the existing footprint of the primary structure or existing accessory attached or detached structure and does not expand the footprint of the structure.

b.

Dimensional Requirements.

1.

A studio or one bedroom ADU shall be at least nine hundred square feet (900 sq. ft), or sixty percent (60%) of the floor area of the principal dwelling, whichever is less: and

2.

A two-bedroom (2) ADU shall be at least twelve hundred square feet (1,200 sq . ft.). or sixty percent (60%) of the floor area of the principal dwelling, whichever is less.

c.

Prohibited Requirements:

l.

Tenants shall not be restricted based on familial relationships or age unless such restriction is necessary to comply with the terms of the federal subsidy related to affordability:

2.

Application or permitting fees for the creation of an ADU shall not exceed those that would be charged for a new single-family dwelling;

3.

Infrastructure improvements in connection with the ADU shall not be required, including, but not limited to, separate water or sewer service lines or expanded septic system capacity unless such improvements and/or modifications are required by an applicable state agency for compliance under state law or regulation, or to comply with building code requirements, or to address capacity or upgrades necessary to accommodate the ADU;

4.

Populations protected under state and federal fair housing laws shall not be discriminated against;

5.

Dimensional requirements or other development standards on ADUs shall not in any instance exceed the requirements for an accessory structure in the same zoning district;

6.

Additional lot area, lot frontage, or lot width shall not be required for conforming lots or legal nonconforming lots of record solely to accommodate an ADU:

7.

Zoning relief shall not be required for ADU applications proposed within an existing footprint of the primary or accessory structure which is a legal nonconforming structure in order to address the existing dimensional nonconformity;

8.

There shall be at least one off-street parking space per bedroom of the ADU:

9.

ADUs are not limited to lots with preexisting dwellings, or otherwise prohibit ADUs as part of applications for new primary dwelling units or subdivisions.:

10.

An ADU that otherwise complies with this chapter and applicable dimensional regulations may have a maximum of two (2) bedrooms:

11.

An ADU shall not be required to be exclusively occupied by a household that is low- or moderate- income or less as defined by § 42-128-8.1, unless such ADU is part of an inclusionary zoning or comprehensive permit application: or

12.

The permitted status shall not be revoked and the disassembly of a legally established ADU shall not be required upon transfer of title or occupancy.

d.

ADUs shall not be offered or rented for tourist or transient use or through a hosting platform, as such terms are defined in § 42-63.1-2.

e.

An application for an ADU that is not allowed by right under this section. shall not, by itself, be reviewed as a minor land development or major land development project.

f.

ADUs are allowed as part of applications for new primary dwelling units or subdivisions.

g.

For proposed ADUs that are part of a larger development proposal, an ADU shall not count toward density of the proposal for purposes of limiting the number of dwelling units allowed in such development proposal.

h.

Private restrictions on ADUs imposed by condominium associations, homeowner associations, or similar residential property governing bodies, which conflict with the provisions of this section or the definition of an ADU as set forth in § 45-24-31, shall be void as against public policy. Provided. however. if ADUs are allowed by condominium association covenants, homeowner association covenants, or similar residential property governing bodies, they shall be deemed in compliance with this subsection.

5.3

Special Use Permits. The following specific and objective criteria must be met as approved by the appropriate review board in order to be granted a special use permit.

1.

Drive-through facility. Drive-through facilities are permitted as follows:

a.

Required queuing spaces shall begin behind the vehicle parked at a final point of service, such as a service window, pick-up window, or entrance to facility.

b.

The number of required queued cards shall apply to [all lanes/each lane or bay], where multiple lanes are proposed.

c.

Queuing spaces shall be a minimum of 22 feet in length.

d.

The following number of on-site queuing spaces shall be provided for the described use:

i.

Pharmacy/Drug Store. 5 on-site queuing spaces.

ii.

Fast Food with Order Kiosk. 20 on-site queuing spaces.

iii.

Pick-up Window without Order Kiosk. 10 on-site queuing spaces.

iv.

Banks. 10 on-site queuing spaces.

v.

Car washes. 15 on-site queuing spaces.

2.

Marijuana Facilities—Retail Sales, Medical Use, and/or Compassion Centers

i.

No marijuana establishment shall be combined with residential use of property, nor shall an establishment be located:

(a)

Five hundred feet from the nearest residential zoning district or lot line of a residence which is a nonconforming use in a nonresidential zone in existence as of the effective date of the section; or

(b)

One thousand feet from the nearest pre-existing house of worship, school, public or private, park, playground, youth center licensed day-care center or other locations where groups of minors regularly congregate; or

(c)

No compassion center shall be located within 2,000 feet from any other compassion center.

The distances specified above shall be measured by a straight line from the nearest property line of the premises on which the proposed compassion center or license cultivator's grow is to be located to the nearest boundary line of the residential zoning district or the nearest property line of any of the other designated uses set forth above.

ii.

All operations shall take place within a permanent building and shall not be visible from the exterior of the building.

iii.

No marijuana facility that dispenses marijuana or marijuana-related products shall have a gross floor area of more than [NUMBER] square feet.

iv.

Hours of operation shall not be outside the hours of 8:00 a.m. through 8:00 p.m.

v.

No drive-through service shall be permitted for a marijuana facility.

vi.

The use must comply with off-street parking requirements in this Ordinance.

vii.

No outside storage of marijuana, related supplies, or promotional materials shall be permitted.

viii.

Marijuana facilities shall be ventilated in such a manner that:

a.

No pesticides, insecticides, or other chemicals or products used in the cultivation or processing of marijuana are dispersed into the outside atmosphere; and

b.

No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana facility, or any adjoining use of property. An odor control plan shall be submitted that provides for adequate ventilation, detailing the specific odor-emitting activities or processes to be conducted on-site, the source of those odors, the locations from which they are emitted from the facility, the frequency of such odor-emitting activities, the duration of such odor-emitting activities, and the administrative and engineering controls that will be implemented to control such odors, including maintenance of such control.

ix.

A security plan including information relating to alarms, fencing, gates, limited access areas, delivery procedure, police details and video and lighting locations. The security plan shall show the arrangement of pedestrian circulation and access to the public points of entry to the premises from the nearest public street or off-street parking area. The security plan must be approved by the Chief of Police or his/her designee and updates shall be submitted to and approved by the Chief of Police or his/her designee. To the maximum extent possible, the security plan and any updates shall be deemed confidential documents.

x.

The marijuana facility shall be screened along side and rear lot lines with a solid wall or fence [OR OTHER hardscape or landscape], a minimum of [NUMBER] feet and a maximum of [NUMBER] feet in height. [NUMBER] shrub(s) a minimum of [NUMBER] feet in height at time of planting shall be planted linearly every [NUMBER] feet on-center along such fence or wall.

xi.

The site shall otherwise comply with landscaping requirements of [INSERT "this Zoning Ordinance" or "the Regulations"].

xii.

That the exterior appearance of the structure will be consistent with the exterior appearance of structures already constructed or under construction within the immediate neighborhood, to prevent blight or deterioration, or substantial diminishment or impairment of property values within the neighborhood.

Lighting shall be required such that it will illuminate the compassion center, its immediate surrounding area, any accessory uses including storage areas, the parking lot(s), its front facade, and any adjoining public sidewalk. Wherever possible, lighting shall be directed straight downward and full-cutoff fixtures shall be used in order to prevent glare or light trespass.

3.

Adult Use—Books, Entertainment, Retail

i.

No adult use shall be located within 1,500 feet of any residential use or zoning district and 1, 500 feet from the nearest house of worship. School (public or private), park, playground, athletic or recreation field, day care center, or other location where groups of minors regularly congregate or any establishment rendering funeral or crematory services.

ii.

No adult use shall be located within 2,000 feet of any other adult use. Distance shall be measured from property line to property line along the shortest distance between property lines.

iii.

No adult use shall be located 500 feet from any establishment having a liquor license granted by the town or any other municipality.

iv.

No adult use shall be located 1,000 feet from the entrance to the West Warwick Business Park (John P. Murphy Highway).

v.

All windows, doors, openings, etc., for all adult uses shall be located, covered, screened or otherwise treated so that views of the interior of the establishment are not possible from any public or semipublic area, street or way.

vi.

No use shall be allowed to display for advertisement or other purposes any signs, placards, or other like materials to the general public on the exterior of the building or on the interior where the same may be seen through glass or other like transparent material any explicit figures, words or symbols concerning specified anatomical areas or sexual activities.

vii.

No use permitted under this ordinance shall be allowed to have any flashing lights or electronic message boards or other devices visible from outside the establishment.

4.

Telecommunications

i.

The owner of the facility shall establish a $10,000.00 cash security fund or provide the town with an irrevocable letter of credit in the same amount to secure the cost of removing the antenna, antennas array, or tower that has been abandoned. Any telecommunication tower that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of the abandoned tower is required to remove the same within 90 days of receipt of notice from the town notifying the owner of the abandonment. Failure to remove an abandoned tower shall be grounds for the town to utilize the cash surety to remove the tower at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users shall cease using the tower.

ii.

Location of facilities on or near historic structures, historic districts, scenic corridors, or residential areas. Telecommunication towers shall be prohibited in any local historic district, and within 500 feet of any individual structure or site identified by the town, and/or the Rhode Island Historic Preservation and Heritage Commission as historically significant to the town or the state. Towers and antennas may be approved within 200 feet of designated scenic corridors and any residential property by dimensional variance, and only if so constructed as to be substantially concealed. The views of, and vistas from, such structures, corridors, and residential areas shall not be impaired or diminished by the placement of telecommunications tower or antenna.

iii.

Municipal use. Towers shall provide space for town municipal use at no cost to the town.

iv.

Setbacks. No new tower shall be constructed without a setback from the tower's base of at least one and one-half times the tower height to the public or private road and at least two times the tower height to the nearest property line. All tower supports, guy wires, and peripheral anchors shall be located entirely within the boundaries of the development site and shall be set back from the property lines the minimum of the zoning district in which the tower is located, but no less than 25 feet. All guy wires and guyed towers shall be clearly marked so as to be visible at all times. When located in or abutting a residential district or historic district, the minimum setback distance shall be 35 feet. All supports and anchors shall have, at a minimum, a ten-foot horizontal setback from any overhead utility line.

v.

Height restrictions. No new telecommunications facility shall exceed 90 feet in height. Telecommunication facilities located atop or within existing buildings or structures may result in an overall increase in height of the structure of no more than ten percent of the structures height without the facility or the maximum height allowed in the zoning district in which the structure is allowed and located, whichever is less.

vi.

Equipment buildings. Equipment structures for a telecommunications facility shall not exceed 400 square feet in area and 12 feet in height. All such structures shall be erected with vegetation or other aesthetically pleasing materials. Furthermore, all such structures shall be secured with approved fencing and a locked gate. The applicant shall submit a landscaped site plan, prepared by a Rhode Island registered landscape architect for the entire property.

vii.

Screening and landscaping. Communication towers shall be constructed and situated to fit in with the topography and features of the surrounding environment. Plantings shall be of a height and density to provide screening approved by the review board. Screening shall consist of plants and/or trees accepted by the town's subdivision regulations, or as accepted by the town planner. Screening shall comprise ten percent of the minimum established setback requirement but shall not be less than five feet in width unless located in or abutting a residential district or historic district which will require that it not be less than ten feet in width. Screening may be waived by the review board on those sides or sections that are adjacent to undeveloped land or land not in public view. Existing vegetation shall be preserved to the maximum extent possible and may be used as a substitute for or supplement towards meeting the landscaped screening requirement. The owner of the property shall be responsible for all maintenance and shall replace any dead plantings within 30 days.

viii.

Security and lighting. Communication towers shall be enclosed by a fence no less than eight feet in height and no more than ten feet in height from finished grade. Access shall be through a locked gate. Communication towers in or abutting a residential district or historic district shall have opaque fencing made of wood or stone. The town reserves the right to choose the color of the tower. Communication towers shall not be artificially lighted except as required for public safety purposes, by the FAA, or by the town. Written proof of FAA requirement must be provided to the town.

ix.

Tower location. Communication towers shall be located so as to comply with the following standards for the minimum separation distance from existing communications towers and/or communications towers:

Separation distances shall be calculated and applied irrespective of jurisdictional boundaries.

x.

Signage. No signs shall be allowed on any communication tower except as required for public safety purposes, by the FCC, or by the town. An identification sign of not greater than six square feet shall be placed on the site of any tower facility.

Fees. Every application for a special permit under this ordinance shall be accompanied by a fee of $500.00 to help defray the costs of processing the application. The applicant shall also be required to bear the expense of any outside technical assistance which the town deems necessary to assist the town in the review of the technical aspects of the telecommunications tower or antenna proposal up to a maximum amount of $50,00.00.

5.

Wind energy systems (WES).

i.

Purpose. It is the purpose of this section to recognize that WES are becoming a more popular alternative energy source for both the public and private sector. However, uncontrolled location and design of the WES and components may lead to an adverse impact on residential neighborhoods and the visual environment of the Town of West Warwick.

This regulation is established both in a manner to be consistent with applicable federal and state laws and regulations and to facilitate the most harmonious relationship possible between the alternative energy industry, the visual environment, and the residents of West Warwick. However, any provision of this section that is found to be in conflict with any federal or state law or regulation, it is the federal and state law and regulation that will be controlling.

ii.

Applicability . This section applies to all WES proposed to be constructed after the effective date of this section.

iii.

Definitions.

Capacity factor. A capacity factor is a ratio or percentage that represents a wind turbine's actual energy output versus its maximum potential energy output. The value is typically reported as an annual figure, not monthly, hourly or instantaneously. The maximum potential energy output assumes that the turbine can operate at its maximum nameplate capacity continuously throughout one year.

Critical electric infrastructure (CEI). The electric utility transmission and distribution infrastructure, including but not limited to substations, transmission towers, transmission and distribution poles, supporting structures, guywires, cables, lines and conductors operating at voltages of 13.8 kV and above and associated with telecommunications infrastructure. CEI also includes all infrastructure defined by any federal regulatory agency or body as transmission facilities on which fault or disturbances can have a significant adverse impact outside of the local area, and transmission lines and associated equipment generally operated at voltages of 100 kV or higher.

Decibel (d/BA). The decibel is a unit used to measure the intensity of sound. Specifically, it is a logarithmic measure of sound pressure levels. An A-weighted decibel measurement has been filtered to better represent how humans sense sound. It discounts frequencies near the top and bottom of the human range of hearing.

FAA. Federal Aviation Administration.

Fall zone. The calculated area of the land surrounding a wind turbine that may be affected by debris should the supporting structure collapse or any component of the wind turbine or anything attached to it fall to the ground.

Height. The distance measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position measured along the vertical axis of the tower. This measure is commonly referred to as the maximum tip height (MTH).

Nacelle. The housing component located at the top of the tower that contains much of the turbine's mechanical systems. It is connected to the turbine's rotor.

Occupied building. Any building regularly occupied by one or more persons on a daily basis. Buildings ordinarily used for storage, such as garages, sheds and the like, are not considered occupied buildings even though they may be entered for brief periods on a daily basis.

Rated nameplate capacity. The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a nameplate on the equipment.

Setback. The distance measured from the closest edge of the wind turbine base to the closest point of the boundaries of the site parcel, to a private or public road or way, and to an occupied building not located on the site parcel.

Shadow flicker. The moving shadows on an observer's location caused by the rotating blades of the wind turbine located between the sun and the observer.

Site parcel. The parcel of land or lot, including contiguous lots owned by the same party on which the WES is erected.

Small WES. A wind energy system that is designed and intended to generate electrical output primarily for the use or benefit of the structures on the same lot or on contiguous commonly owned lots. Small wind energy systems have a rated nameplate capacity of 80 kW or less and a total height not exceeding 160 feet.

Utility-scale WES. A commercial wind energy system, where the primary use of the facility is electrical generation to be sold to an electric distribution company, commercial net-metered renewable wind energy systems and/or wind energy systems that sell a portion of the energy produced back to National Grid under the Renewable Energy Growth Program.

Wind energy system (WES). All of the equipment, machinery and structures together utilized to convert wind into electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines.

Wind turbine. A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a structural support system, tower, nacelle, and a rotor with two or more blades.

iv.

General requirements for all WES.

The construction and operation of all such proposed WES shall be consistent with all applicable West Warwick Ordinances and federal and state laws and regulations, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.

a.

No WES may be constructed or substantially modified without obtaining a special use permit from the zoning board of review.

b.

WES shall be constructed and operated in a manner that minimizes any adverse visual, safety and environmental impacts.

c.

Wind turbines shall have automatic braking, governing or feathering systems to prevent uncontrolled rotation, over speeding or excessive pressure on the wind turbine structure, rotor blades and other turbine components.

d.

WES shall comply with all applicable requirements of the FAA.

e.

The fall zone for all wind turbines shall be measured at ground level below the center of the wind turbine as a circular area with a radius of 150 percent of the MTH or the manufacturer recommended fall zone, whichever is greater, and no occupied building shall be located within the fall zone of the wind turbine.

f.

Wind turbine shall be set back:

1.

200 percent of the MTH from the site parcel property lines; and

2.

200 percent of the MTH from any public or private roadway, excluding and access driveway or roadway to the wind turbine; [and]

3.

From any occupied building located within a 200-foot radius of the site parcel boundary lines.

g.

The minimum ground clearance for the wind turbine blades shall be 20 feet.

h.

At all times from the installation of a WES until its removal the owner shall maintain liability insurance in an amount to be determined by the town manager and planning director. The insurance policy shall provide for notification to the department of building and zoning and the town manager a minimum of 30 days prior to its expiration or cancellation.

v.

Design standards.

a.

Monopole. All WES shall be of monopole design.

b.

Color and finish. All components of the wind turbine shall be painted a neutral, non-reflective exterior color designed to blend with the surrounding environment, such as white, light gray or light blue.

c.

Lighting. Wind turbines shall be lighted only if required by the FAA. Lighting of non-tower parts of the wind turbine, such as appurtenant structures, shall be limited to that required for safety, security, and operational purposes, and shall be reasonably shielded from abutting properties. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward and directed away from and/or shielded from abutting properties with full cut-off fixtures to reduce light pollution.

d.

Shadow/flicker. Wind turbines shall be sited to minimize the shadowing or flicker effect on neighboring property. The applicant has the burden of proving that the wind turbine will not produce significant adverse impacts by shadowing or flicker on neighboring property. A failure to meet this burden of proof shall result in denial of the wind turbine application.

e.

Noise. Noise levels resulting from operation of a wind turbine shall not exceed 50 dB(A) as measured at the property line and averaged over a ten-minute time period. This provision is to be considered a minimum standard, and the zoning board of review may impose more restrictive requirements as deemed necessary. The applicant shall present appropriate documentation and/or analysis from a qualified acoustics professional to demonstrate to the satisfaction of the zoning board of review that the proposed installation will comply with this requirement.

f.

Signs. A clearly visible warning sign concerning voltage shall be placed at the base of all wind turbines. No other signs shall be permitted on any wind turbine, except signs necessary to identify the owner, provide emergency contact information, and warn of other dangers associated with the wind turbine.

g.

Prior approvals. Before issuance of any permits for the WES and/or wind turbines:

1.

An applicant for a utility-scale WES shall submit documentation from the electric distribution company to whom the electrical generation is to be sold, approving the proposed connection. All electrical connections, including transformers, shall be installed underground unless the utility, as shown by the documentation, requires the electrical connections to be installed above-ground.

2.

An applicant for a small WES shall submit documentation from an electrical engineer licensed by the State of Rhode Island approving the proposed connections.

h.

Unauthorized access. WES shall be designed to prevent unauthorized access. When deemed reasonably necessary because of the location of the wind turbine on the site and the surrounding neighborhood, the zoning board of review may require protective fencing.

i.

Accessory structures. Accessory structures, such as equipment shelters, storage facilities, transformers, and substations, shall be contained within the WES site whenever technically and economically feasible; shall be used only for housing of equipment for this particular site; and, whenever reasonable, shall be shielded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts. Accessory structures to wind turbines are subject to regulations pertaining to accessory buildings in the Supplemental use regulations, of the Zoning Code.

j.

Other considerations. In deciding whether to grant a special use permit for a WES, the zoning board of review may consider all relevant matters not expressly mentioned in this section 5, such as the potential adverse impacts of the wind turbine on wildlife habitats and scenic vistas, and interference with electromagnetic communications, such as telephone, radio, and television. Wind turbines shall not interfere with any telecommunications transmissions, including local emergency responders, military and civilian personal radio use.

vi.

Site plan review.

a.

No WES shall be erected, constructed, installed or modified as provided in this section without first having been filed with the planning director a site plan as hereinafter provided. The planning director shall within 45 days from receipt of the site plan file a report of his or her findings regarding the site plan with the applicant. The application for site plan approval shall be accompanied by a site plan review fee.

b.

All plans and maps shall be prepared, stamped and signed by a professional surveyor licensed to practice in State of Rhode Island.

c.

Pursuant to the site plan review process, the project applicant shall provide the following documents:

1.

A Class I survey showing:

(A)

Property lines and physical dimensions of the site parcel and adjacent parcels within a radius of 200 feet from the boundaries of the site parcel;

(B)

Outline of all existing buildings, including purpose (e.g., residence, garage, etc.) on the site parcel and all adjacent parcels within a radius of 200 feet from the boundaries of the site parcel, including distances from the wind turbine to each building shown;

(C)

Location of the proposed wind turbine, foundations, access roads, and associated equipment;

(D)

Location of all existing and proposed roads and ways, both public and private, and including temporary roads or driveways, on the site parcel and adjacent parcels within a radius of 200 percent of the MTH from the boundaries of the site parcel;

(E)

Location of all existing above ground or overhead gas or electric infrastructure, including CEI, and utility rights-of-way (ROW) and easements, whether fully cleared of vegetation or only partially cleared, within a radius of 200 feet from the boundaries of the site parcel;

(F)

Existing areas of tree cover, including average height of trees, on the site parcel and any adjacent parcels within a within a radius of 200 feet from the boundaries of the site parcel;

(G)

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting (other than FAA lights), screening vegetation or structures.

2.

Color photos of the wind turbine site and color photo simulations, by a qualified graphics professional of said site parcel and surroundings with the proposed WES super-imposed thereon;

3.

Wind turbine foundation blueprints or drawings signed by a professional engineer licensed to practice in the State of Rhode Island;

4.

Wind turbine blueprints or drawings signed by a Professional Engineer licensed to practice in the State of Rhode Island;

5.

One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all National Electrical Code and National Electrical Safety Code compliant disconnects and overcurrent devices;

6.

Documentation of the wind turbine's manufacturer and model, rotor diameter, tower height, and foundation type/dimensions;

7.

Name, address, phone number and signature of the applicant, as well as all co-applicants and/or property owners;

8.

The name, contact information and signature of any agents representing the applicant;

9.

An operation and maintenance plan for the WES;

10.

Documentation of actual or prospective access and control of the project site together with documentation of all applicable title encumbrances (e.g., utility ROW easements);

11.

An operation and maintenance plan for the WES indicating that such plan is in accordance with the manufacturer's recommendations for the operation of the WES;

12.

Zoning district designation for the subject parcel and all property located within a radius of 200 percent of the height of the wind turbine from the boundaries of the site parcel;

13.

A current zoning certificate from the building official;

14.

A current municipal lien certificate;

15.

Proof of liability insurance, in an amount to be determined by the town as recommended by the town engineer, planning director and building official;

16.

Certification of height approval from the FAA.

vii.

Special use permit.

a.

Upon receipt of the report of the planning director as provided, an application for a special use permit shall be filed with the zoning board of review.

b.

The provisions of section 10, Special use permits, shall govern the application for a special use permit for a WES in addition to all other requirements stated in this section iv and section v hereof.

c.

Upon receipt of the report of the planning director as provided, the documentation as submitted to the planning director for site plan review in accordance with section vi and the report of the planning director shall be submitted with the application for the special use permit in as many copies as the zoning board of review shall from time to time be determined as required.

viii.

Monitoring/decommissioning/abandonment.

a.

All permitted wind turbines shall be maintained in good working condition. Maintenance shall include painting, structural repairs, and the integrity of security and life safety measures. A report demonstrating compliance with an acceptable maintenance schedule shall be submitted annually to the building official on the anniversary of the date on which final approval of construction of the wind turbine was given by all town officials as part of an annual safety certification process.

b.

An applicant for a WES project shall be required to post a bond of a type, of a duration, and in an amount to be determined by the town as recommended by the town engineer, planning director and building official.

c.

When a WES is scheduled for decommissioning, the applicant shall notify the town manager, building official and planning director by certified mail of the proposed date of discontinued operation and plans for removal. The owner/operator shall remove the entire WES within 150 days after the discontinuation.

d.

The owner/operator of a WES shall implement current industry practices during removal to ensure minimal adverse impacts on the public health, safety and welfare. Environmental impacts shall also be minimized with appropriate notice to state regulatory agencies as required.

e.

At the time of removal, the site parcel shall be restored to its state from before the WES was constructed. Removal shall include all associated equipment with appropriate disposal of any hazardous materials. Stabilization and re-vegetation of the parcel site shall occur as necessary to minimize erosion. The building official and planning director may allow the owner to leave established vegetation and possibly below-grade foundations where they would minimize erosion and limit site disturbance.

f.

The owner of an abandoned or de-commissioned WES shall remove the turbines, towers, bases and associated structures and components. After 12 months or one year of inoperability of any WES, the building official may reasonably determine the WES to be abandoned and shall issue a notice of abandonment to the property owner. The owner shall have the right to respond to the notice within 30 days of receipt. If the owner fails to do so, the town, through the zoning official, shall pursue all legal remedies available to it and/or seek satisfaction through the posted bond and/or place a lien against the property. The town reserves the right to salvage the WES demolition debris to defray the cost of demolition and site stabilization.

ix.

Building permit.

a.

No WES shall be erected, constructed, installed or modified as provided in this section without first obtaining all permits required by federal or state law or regulation or West Warwick Ordinance.

b.

The application for such permits must be accompanied by the fees required for such permits.

6.

Green, renewable or alternative energy installations and facilities, (green project).

i.

Purpose. The purpose of this section is to promote the creation of new green projects by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such green projects that address public safety, minimize impacts on scenic, natural and historic resources, are compatible with the general neighborhood in which they are located and are compatible with comprehensive plan of the town.

ii.

Applicability. The provisions of this section shall apply to construction, operation and/or repair of all green projects proposed to be constructed after the effective date of this section. This section also applies to physical modifications that materially alter the type, configuration or size of these green projects or related equipment. All green projects shall be considered major land developments and approval of all green projects shall be in accordance with the provisions of subdivision regulations related to major land developments.

iii.

Definitions.

a.

Green, renewable or alternative energy installation and facilities (green project). For purposes of this section 6 [,] green, renewable or alternative energy installation and facilities (green project) [means] any installation or facility, excluding wind energy systems, at which electrical or any other type of energy is produced by a source other than fossil fuels, is renewable and which is safe for people and the environment.

b.

Major plan review. Review by the town planning board in accordance with the town subdivision regulations to determine conformance with the town comprehensive plan and zoning ordinance.

iv.

General requirements.

a.

Location. All green projects shall be located in a Cl or BP zone.

b.

Required area. Each green project shall be located on a parcel of land of a square footage of not less than shall be determined by the planning board as shall be required pursuant to engineering, scientific or such other expert advice received by the planning board for the efficient, safe and reasonably necessary for the operation of the green project.

c.

Compliance with laws, ordinances and regulations. The construction and operation of all green projects shall be consistent with all applicable local, state and federal laws, ordinances, regulations and requirements, including but not limited to, all applicable safety, construction, electrical and communications requirements. All buildings and fixtures forming part of a green project shall be constructed and maintained in accordance with the Rhode Island Building Code.

d.

Site plan review. All green projects shall receive final plan approval from the town planning board prior to issuance of ay [a] building permit or construction, installation or modification of the green project as provided for herein.

e.

Building permit and building inspection. No green project shall be constructed, installed or modified without first obtaining a building permit and being subject to such periodic inspections as shall be deemed necessary in the discretion of the building official.

f.

Fees and surety. All applicable fees, including but not limited to a building permit fee, as provided for herein or in this Code shall be paid and all surety bonds as required by section xvii shall be posted, prior to the issuance of any building permits.

g.

Plans and surveys. All plans submitted in any way related to construction, installation or modification of a green project shall be prepared, signed and stamped by a professional engineer licensed to practice in the state. All surveys submitted in any way related to the construction, installation or modification of a green project shall be Class I surveys prepared, signed and stamped by a professional surveyor licensed to practice in the state. All architecture or landscaping architecture submitted in any way related to the construction, installation or modification of a green project shall be prepared, signed and stamped by an architect or landscape architect licensed to practice in the state.

v.

Required documents. Pursuant to the major plan review process, the applicant shall provide the following documents; provided, however, the planning board may in its uncontrolled discretion, waive any document requirement that that it deems appropriate:

a.

A Class I survey site plan showing:

1.

Property lines and all physical features for the project site;

2.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures.

b.

Blueprints or drawings of the green project showing the proposed layout of all buildings and structures related to the green project.

c.

Engineering documentation regarding all equipment, components or facilities to be used in the conversion of the source of energy into usable energy, electrical or otherwise.

d.

A report from any outside technical or expert consultant, who shall be chosen by the planning board, which the planning board or technical review committee deems necessary to assist the planning board or technical review committee in the review of the application.

e.

Name, address and contact information for proposed green project proponent.

f.

Names, addresses, phone numbers and signatures of all persons with an interest of any type in the real estate on which the green project will be located.

g.

Names, addresses, contact information and signatures of all agents and/or attorneys representing the green project proponents.

h.

Documentation of actual or prospective access and control of the project site pursuant to the provisions of section vi.

i.

An operation and maintenance plan pursuant to the provisions of section vii.

j

Proof of liability insurance in an amount approved by the planning board.

k.

Description of financial surety that satisfies the requirements of section xvii.

vi.

Site control. The green project proponent shall submit documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed green project.

vii.

Operation and maintenance plan. The green project proponent shall submit a plan for the operation and maintenance of the green project which shall include measures for maintaining safe access to the green project, as well as general procedures for operational maintenance of the green project.

viii.

Utility notification. No green project shall be constructed until evidence has been given to the planning board that national grid or any other utility company that operates the electrical grid or other related energy source where the green project is located has been informed of the green projects owner or operator's intent to install an energy producing facility and that national grid or any other related or energy utility company has granted any and all approvals that may be required by law or otherwise. Any off-grid green project shall be exempt from this requirement.

ix.

Dimensional requirements. All green projects shall be subject to lot size requirements as provided and all other dimensional requirements for the Cl or BP zone in which the green project is located as provided by section 5.4 standard dimensional regulations table.

x.

Appurtenant structures. All appurtenant structures to the green project shall be subject to all zoning regulations for structures as provided for structures located in the CI or BP zone in which green project is located. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts as shall be determined by the planning board. Any required variances must be approved by the planning board as part of the major land development process.

xi.

Design standards.

a.

Lighting. Lighting of all green projects shall comply with all requirements and regulations of the town zoning code and subdivision regulations. Lighting shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of all green projects shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.

b.

Signage. All signs on green project shall comply with the town zoning code. There shall be a sign identifying the owner and the operator of the green project and provide a 24-hour emergency contact phone number. There shall be no signs displaying any advertising except for reasonable identification of the manufacturer and operator of the green project.

c.

Utility connections. Reasonable efforts, as determined by the planning board, shall be made to place all utility connections from the green project underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical or other connections for utility interconnections may be above ground if required by the utility provider.

xii.

Safety and environmental standards.

a.

Emergency services. The owner or operator of all green projects shall provide a copy of the project summary, schematic and site plan to the town fire chief, police chief and building official (hereinafter local officials). The owner and operator shall cooperate with local officials in developing an emergency response plan, which plan shall include, but not be limited to, means of emergency access to the green project for local officials. All means of shutting down the green project shall be clearly marked. The name, address and contact information for a person responsible for public inquires shall be on file at all times with local officials and the town clerk.

b.

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction. Operation and maintenance of all green projects and shall comply with all applicable laws, ordinances and regulations.

xiii.

Monitoring and maintenance.

a.

Green project conditions. The green project shall be maintained in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained as required by local officials and emergency medical services.

b.

Modifications. All material modifications to the green project after issuance of the required building permit shall require either minor land development plan or major land development plan approval by the planning board prior to being made. The town planner shall determine whether minor or major land development approval is required.

xiv.

Abandonment or decommissioning.

a.

Removal requirements. Any green project which has reached the end of its useful life or has been abandoned consistent with the provisions of section xv. shall be removed. The green project shall be removed within 180 days after the date of discontinued operations. Notice shall be given to the town planner and local officials by certified mail of the proposed date of discontinued operations and a detailed set of the removal plans. Decommissioning shall consist of:

1.

Physical removal of all green project structures, equipment, security barriers and transmission or other utility lines, pipes or conduits of ever nature and kind from the site.

2.

Disposal of all solid and hazardous waste in accordance with all federal, state and local laws, regulations and ordinances.

3.

Stabilization or re-vegetation of the site as necessary to minimize erosion and in compliance with all state and local laws, regulations and ordinance and shall be approved by the town building official or his/her designee.

xv.

Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the green project shall be considered abandoned when it fails to operate for a continuous period of 365 days without prior approval of the planning board. The green project shall be removed within 90 days after the 365th day.

xvi.

Failure to remove. If the owner and operator shall fail to remove the green project in accordance with the provisions of sections a. and xv. the town may enter the property and physically remove the green project in the same manner as provided for in section b. The cost of such removal shall be the responsibility of the owner and operator of the green project.

xvii.

Financial surety. Prior to the issuance of any building permit for a green project a surety bond to cover the cost of removal in the event of removal and remediation by the town, in an amount determined to be reasonable during major land development plan review by the planning board shall be posted with the town. In no event shall the amount of the bond be more than 125 percent of the cost of removal and remediation as determined by the town engineer .

5.4

Standard dimensional regulations table.

S.F. = square feet

Notes:

(1) Residences permitted in conjunction with all agricultural uses.

(2) Not applicable.

5.5

Minimum residential floor area. No single-family, two-family or multifamily dwelling shall be erected or shall be reconstructed, remodeled or altered, which has living space per family of less than:

5.5.1

720 square feet on one floor in a single-family one-story structure.

5.5.2

1,000 square feet on two floors in a detached single-family two- or more story structure with a minimum of 600 square feet on the first floor.

5.5.3

720 square feet per family in a two- or multifamily structure.

5.5.4

400 square feet for an accessory family dwelling unit.

5.5.5

600 square feet for a mobile home.

5.5.6

The above minimum square footages shall not include the area of a basement, as defined in RIGL §45-24.3-5(5), the portion of a building partly underground, but having less than half of it clear height below the average grade of the adjoining.

5.6.

Supplemental use regulations.

5.6.1

Accessory buildings and uses. Accessory buildings and uses are subject to all the requirements of this ordinance in addition to the following regulations: Accessory buildings and uses in all zoning districts are permitted which are clearly incidental to and subordinate and customarily associated with the principal use; are operated and maintained under the same ownership and on the same lot as the principal use; and for dimensional purposes, do not exceed the principal building by more than 50 percent of the square footage of the principal building. Accessory uses shall be restricted to the same lot as the principal use and shall not be an extension or enlargement of the principal use to which it is related. All other dimensional and use restrictions of the zoning ordinances which are more limited than the foregoing shall apply.

5.6.2

Location of accessory buildings and uses. A building or accessory use, including an attached or detached garage, carport, or any vehicles or recreational items listed in section 5.6.10, shall be located so as to meet all the dimensional requirements for accessory uses as set forth in the zoning ordinance. Moreover, no accessory use shall be permitted which would create a sediment control or erosion hazard to any surrounding properties.

5.6.3

Accessory buildings, including garages, if detached from a principal building or if connected only by an open breezeway-type structure, shall be not less than five feet from the principal building, nor more than 20 feet in height.

5.6.4

A private garage may be constructed as a structural part of a main building, provided that when so constructed the garage walls shall be regarded as the walls of the main building in applying the front, rear and side yard regulations of this ordinance.

5.6.5

No accessory building or temporary structure shall be constructed upon a lot unless a main or principal building already exists on said lot and has a valid zoning certificate or a valid building permit has been issued and is in effect for the construction or erection of a main or principal building. This restriction shall not apply to agricultural or farm buildings.

5.6.6

An access driveway for the lot may be located within its required yard.

5.6.7

Accessory off-street parking or truck loading areas shall be improved in accordance with town specifications.

5.6.8

Required accessory off-street parking areas or truck loading space shall not be encroached upon by buildings, open storage or any other use.

5.6.9

Accessory off-street parking areas shall not be located in a required front yard or side yard and shall be not less than ten feet from any property line in a required rear yard.

5.6.10

No commercial vehicle nor any camper, travel trailer, mobile home, boat, boat trailer, storage unit, dumpster or similar equipment used for storage of the vehicle, camper, travel trailer, mobile home, boat or boat trailer, storage unit, dumpster or similar equipment, shall be stored within the setback of any front or interior side or corner side property line as provided in section 5.4 hereof. No such equipment shall be used for living, sleeping or housekeeping purposes. For purposes of this section[, the term] "shall be stored" shall refer to the location of such items on the property for more than 31 days in any 120-day period of time. Provided however, any time a building or other structure used for residential purposes, or a portion of a building containing residential units, is uninhabitable by virtue of a casualty such as fire or flood, the owner of the property is allowed to park, temporarily, mobile and manufactured home or homes, as the need may be, elsewhere upon the land, for use and occupancy of the former occupants for a period up to 12 months, or until the building or structure is rehabilitated and otherwise made fit for occupancy. The property owner, or properly designated agent of the owner, is only allowed to cause the mobile and manufactured home or homes, to remain temporarily upon the land by making timely application to the building official for the purposes of obtaining necessary permits to repair or rebuild of the structure.

5.6.11

Any private garage in a residence district shall be occupied by boats or vehicles owned and operated only by the residents of the dwellings on the same lot. Except that one parking space may be occupied by the boat or the vehicle of a nonresident owner, if that space is in excess of the minimum requirements for the lot.

5.6.12

No commercial vehicles having three or more axles shall be stored, parked or garaged in a residential district, and the parking, storage or garaging of vans, trailers or semitrailers or similar vehicles designed to be propelled by a separate means of locomotion, or vehicles designed to be used for moving said vans, trailers or semitrailers, and all self-propelled machinery designed for commercial use shall be prohibited in residence districts. Vehicles used principally as pleasure or recreational vehicles registered to an occupant of the premises shall be exempt from the provisions of this section.

5.6.13

Overnight parking of buses. Overnight parking of buses shall not be permitted in a residence district.

5.6.14

Accessory buildings and or structures to be located or constructed in any residential zone in the required rear yard for a main or principal building shall not occupy more than 20 percent of such required rear yard. The total lot coverage shall not exceed the maximum lot coverage provided in the table of standard dimensional regulations.

5.6.15

The following accessory uses shall be permitted in residential districts provided that they shall conform to all other provisions of this ordinance and that they shall not be detrimental to or impair adjacent properties or the neighborhood:

5.6.15.1

The raising or growing of horticultural products for home use by a residential family thereon.

5.6.15.2

A hen house, barn, stable, kennel or dairy incidental to a permitted farming use.

5.6.15.3

A garden or tool shed used only for the storage of garden implements and light home maintenance tools.

5.6.15.4

A greenhouse not used for commercial purposes.

5.6.15.5

Swimming pools, including appurtenant structures such as dressing and shower rooms and equipment houses, enclosed by a fence not less than five feet in height.

5.6.17

Home occupations as defined in section 3.38 shall be permitted as accessory uses in all zones, provided however, all such home occupations shall meet the following standards:

5.6.17.1

Application. An application for such occupation shall be submitted to and approved by the building official, which application shall include such information as the building official shall determine reasonable and which may include, but not be limited to, a site inspection by such town officials as the building official designates.

5.6.17.2

Outward appearance. The exterior appearance of the residential structure shall not be changed. There shall be no outside storage or window display. Noise, dust, odors, noxious fumes or vibrations emanating from the premises shall not exceed that which is normally produced by a single dwelling unit. Mechanical or electronic equipment which is incidental to the home occupation may be used provided it does not create visible or audible interference in radio or television receivers or cause fluctuation in line voltage of the premises. The home occupation shall not interfere with the delivery of utilities or other services to the area.

5.6.17.3

Traffic. The home occupation should not generate significantly greater traffic volume than would normally be expected in the particular zone in which the home occupation is conducted. Delivery and pick-up of materials and commodities to and from the premises by a commercial vehicle shall not exceed more than two trips per week. A commercial vehicle for the purpose of this section is any motor vehicle having a gross vehicle weight of more than 14,000 pounds.

5.6.17.4

Parking. The parking of customer's or client's vehicles shall not create safety hazards or congestion. At any one time only one commercial vehicle associated with the activities of the home occupation may be parked near the premises for more than two consecutive hours. One additional on-site parking space shall be required above the normal parking requirements for the residential use for any home occupation where students or clients visit the premises. One additional on-site parking space shall be required above the normal parking requirements for the residential use for any home occupation where a nonresident employee's method of transportation to and from the site of the home occupation is a motor vehicle which would normally be parked on or near the site of the home occupation. Two additional on-site parking spaces shall be required above the normal parking requirements for the residential use for any home occupation where both:

(1)

Students or clients may visit the premises; and

(2)

Where a nonresident employee's method of transportation to and from the site of the home occupation is a motor vehicle which would normally be parked on or near the site of the home occupation.

5.6.17.5

Employees. The home occupation is to be conducted only by members of the family residing in the dwelling unit plus no more than one nonresident employee or assistant. Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities conducted off the premises, may have more employees than the limitations set forth in this subsection if they are not employed on the premises.

5.6.17.6

Signage. The intent of signage at home occupations is to identify the location of the property and not to garner or advertise additional business which would have the effect of increasing traffic in the neighborhood, therefore only one sign, not over two square feet in area, flush mounted to the building, shall be permitted per dwelling unit. The sign shall only show the name of the occupant and the type of occupation. The sign shall not be internally or externally lit. A permit for the sign is required in accordance with section 5.10.

5.6.17.7

Limits on class/instruction. If the home occupation is the type in which classes are held or instruction given, there shall be no more than six students or pupils in the dwelling unit or on the premises at any one time.

5.6.17.8

Limits on clients/customers. If the home occupation is the type in which customers or clients visit the premises, there shall be no more than six customers or clients in the dwelling unit or on the premises during any period of 60 consecutive minutes. Motor vehicle traffic generated by customers or clients of a home occupation shall be prohibited from visiting the premises between the hours of 10:00 p.m. and 8:00 a.m.

5.6.17.9

Allowable number of home occupations. The total number of home occupations conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation as set forth herein.

5.6.17.10

Compliance. Home occupations shall comply with all local, state and federal requirements pertinent to the activity pursued, and the requirements of or permission granted by this section shall not be construed as an exemption from such regulations.

5.6.18

Dormitory or living quarters for churches or other places of worship, educational or religious institutions, hospitals, sanitariums, and other similar uses.

5.6.19

Accessory buildings and uses are permitted as follows in nonresidential districts.

5.6.19.1

Accessory off-street parking areas may be located in required front, side, corner side, or rear yards, provided that they are set back at least ten feet from all property lines, and further provided that they do not encroach on corner clearance requirements established in accordance with this ordinance. The planning board may allow accessory off-street parking areas to be set back less than the above-required ten feet, so long as the planning board finds that the location of such off-street parking areas facilitates the coordination of joint access driveways and/or joint parking areas with abutting nonresidential properties.

5.6.19.2

Dormitory or living quarters for educational or religious institutions, hospitals, sanitariums, and other similar uses.

5.6.19.3

Repair facilities when conducted entirely within a building incidental to the principal use.

5.6.19.4

Accessory buildings and uses other than for surface off-street parking shall not be located in any required front, side, corner side, or rear yard.

5.6.20

Special provisions applicable to the BP business park zoning district.

5.6.20.1

Purpose, intent, and applicability of zoning district. In addition to the general purposes of this zoning ordinance as established in article I, section 2 of this zoning ordinance, this district is specifically created to promote private investment to expand the tax base and development of employment-intensive businesses and those associated businesses which provide beneficial goods and services to such employment centers and therefore, need to be near such employment centers. As such, access to major roadways and noninterference with residential neighborhoods are essential to fulfillment of the purpose of this district. Therefore, only property which meets the following conditions should be classified as a BP business park zoning district: 1) no street access to a roadway with residential development located thereon, and 2) no property with existing residential or enterprises exempt from town taxes located thereon, and 3) access onto a major arterial which has immediate access to the interstate highway system.

5.6.20.2

Prohibition on nonprofit/tax exempt businesses. Within the planned business park zoning district, there shall not be permitted any enterprise which by its tax exempt or nonprofit nature would make the property on which the enterprise is situated exempt from the property or other taxes of the town. This is not to be construed as to prohibit such nonprofit or tax-exempt entities from establishing offices in the BP zoning district unless such actions would make the property exempt from such taxes.

5.6.20.3

Preexisting zoning conditions. Whenever a parcel of land within a BP zoning district was rezoned with special conditions prior to being zoned BP, those conditions shall continue in effect without alteration by the zoning to BP.

5.6.20.4

Variance notification procedures. In addition to the notification provisions established in section 9 of this ordinance as they pertain to variances, the actions required under subsections 9.4.2 and 9.5 shall include listing and notification of all owners of property in the BP zoning district in the same manner and with the same information as the notifications required of all owners of property within 200 feet radius of the subject site.

5.6.20.5

Special use permit notification procedures. In addition to the notification provisions established in section 10 of this ordinance as they pertain to special use permits, the actions required under subsections 10.5.2 and 10.7 shall include listing and notification of all owners of property in the BP zoning district in the same manner and with the same information as the notifications required of all owners of property within 200 feet radius of the subject site.

5.6.20.7

Limits on building heights in proximity to residential structures. Where a parcel of land adjoins property zoned R-10 and the R-10 zoned property is developed with a single-family home and no accessory apartments or nonconforming structures, the maximum height for the structure on the BP zoned parcel shall be limited as follows:

(a)

No structure on the BP zoned parcel shall exceed the following limits:

30 feet in height within 60 feet of the property line common to the BP and R-10 zoned parcels; and

45 feet in height in the portion of the BP zoned parcel, which is 60 feet away from, but within 90 feet of, the property line common to the BP and R-10 zoned parcels; and

60 feet in height in the portion of the BP zoned parcel, which is 90 feet away from, but within 120 feet of, the property line common to the BP and R-10 zoned parcels; and

75 feet in height in the portion of the BP zoned [parcel] which is 120 feet away from, but within 150 feet of, the property line common to the BP and R-10 zoned parcels; and

After 150 feet from the property line common to the BP and R-10 zoned parcels, the building height for structures on the BP zoned parcels may reach their normal legal limit.

(b)

Exceptions to the height limits established in subsection 5.6.20.6(a) above.

(1)

Where the residential structure on the adjoining property receives a height variance (or has received such a variance), the height limits on the structure on the BP zoned property may be increased by an equal amount but shall not exceed the established maximum limit for the BP district without a variance for the specific BP zoned parcel.

(2)

The board of zoning review may increase the height limits in the incremental areas established in subsection 5.6.20.6(a) above up to the established limit for the BP district where the planning board has, as part of the review process, requested creation of a buffer on the BP zoned parcel along the common property line between the R-10 and BP zoned parcels. This variance shall be conditioned upon the creation of the buffer. Any such buffer must be in addition to any buffer established on the subject property as a condition of prior rezoning action.

(3)

The special height limits established in subsection 5.6.20.6(a) above shall only apply to uses which are not permitted in the CI zoning district.

5.6.20.8

Hotels and motels. Any hotel or motel developed within the BP district must have an average height of at least three floors of rooms for occupancy. Sites must also be extensively landscaped with natural undisturbed vegetation and/or planted landscaping elements.

5.6.21

More than one nonresidential use or building on a lot. More than one nonresidential structure may be allowed on a single lot within a nonresidential district if devoted to the same use.

5.7

Supplementary dimensional regulations.

5.7.1

Lot frontage. Lot frontage shall be measured along the street right-of-way line between the side lot lines. Where all frontage is not contiguous, then only the largest single frontage will be considered with regard to minimum frontage requirements; in cases of equal noncontiguous frontage, minimum frontage will be determined by the building official.

5.7.2

Lot depth. Lot depth shall be measured from the midpoint of the lot frontage by a line perpendicular to the street or private right-of-way. If a curved frontage, lot depth shall be measured by a radial line from the midpoint of the lot frontage. If a corner lot, lot depth shall be measured by the perpendicular or radial line from the lot frontage, whichever is applicable, that will result in the longest lot depth line.

5.7.3

Lot width. Lot width shall be measured perpendicular to the lot depth line at the existing front setback if a building exists or at the minimum front set back if no building exists.

5.7.4

Corner clearance at corner lots. On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 2½ and ten feet above the centerline grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along the street lines 30 feet from the point of the intersection.

5.7.5

Yards.

5.7.5.1

The following accessory structures may be located in any required front or rear yard:

5.7.5.1.1

Awning or movable canopy not exceeding ten feet in height.

5.7.5.1.2

Open arbor or trellis.

5.7.5.1.3

Retaining wall, fence or masonry wall, pursuant to subsection 5.7.7 of this ordinance.

5.7.5.1.4

Reserved.

5.7.5.1.5

Walkway or driveway sign.

5.7.5.1.6

Light post.

5.7.5.2

The space in a required front yard shall be open and unobstructed, except for structures provided for in subsection 5.7.5.1 and the following:

5.7.5.2.1

An unroofed balcony projecting not more than eight feet into the yard.

5.7.5.2.2

Other projections specifically authorized in subsections 5.7.6 and 5.7.7.

5.7.5.3

Every part of a required yard shall be open to the sky, unobstructed except for retaining walls, accessory buildings in a rear yard, and the ordinary projection of sills, belt courses and ornamental features projecting not to exceed six inches. Cornices and eaves shall not project more than 24 inches. Exterior cellar entrances (commonly known as "bilco doors"), shall not encroach more than four feet into the required rear yard and shall not encroach at all into any other required yard.

5.7.5.4

Open or lattice-enclosed fireproof fire escapes or stairways required by law, projecting into a yard not more than four feet, and the ordinary projections of chimneys and pilasters shall be permitted by the building inspector when placed so as not to obstruct light and ventilation.

5.7.5.5

Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages.

5.7.5.6

Yard extension for gasoline pumps. A gasoline pump or pumps may be located no less than 20 feet from any front lot line.

5.7.5.7

Required front yards in developed block. In a block in which 25 percent or more of the frontage within 200 feet of a lot and on the same side of the street is developed with structures, the required front yard for a structure hereafter erected on that lot shall extend to average alignment of the two nearest existing structures instead of the minimum in the district. No residence shall have a front yard of less than five feet in depth or be required to have a front yard of greater depth than required by the district.

5.7.6

Height.

5.7.6.1

Nothing herein contained shall restrict the height of the following architectural and structural features:

5.7.6.1.1

On any public or semipublic building, a spire, cupola, dome, belfry, or clock tower;

5.7.6.1.2

A flagpole, chimney flue, elevator or stair bulkhead, water tank, stage tower, or scenery loft as accessory facilities to permitted or special permitted uses in a given district;

5.7.6.1.3

Barns, silos, or similar farm structures as accessory structures to agriculture; and

5.7.6.2

No building or structure erected pursuant to subsection 5.7.6 to a height in excess of the height limit for the district in which it is situated shall:

5.7.6.2.1

Have a lot coverage in excess of ten percent of the lot area;

5.7.6.2.2

Be used for residence or tenancy purposes;

5.7.6.2.3

Have any sign, nameplate, display or advertising device of any kind whatsoever inscribed upon or attached to such building or structure.

5.7.7

Fences and walls.

5.7.7.1

In residence districts. No fence or wall constructed wholly or in part of barbed wire or other protruding or sharp objects shall be permitted in residence districts, except upon approval of the zoning board of review. No fence may exceed six feet in height.

5.7.7.2

In all districts. No electrically charged fence or portion of a fence or wall shall be permitted in any district unless the owner of the property shall have obtained a variance from the zoning board, in accordance with section 9 of this ordinance. In making its written findings, the zoning board shall also consider the character of the district, the location of the fence, the likelihood of injury or shock to persons and animals from the fence, and the purpose of the fence and that the fence does not constitute a nuisance or hazard. This regulation shall apply to existing as well as proposed fences.

5.7.7.3

In nonresidential districts, no fence or wall shall exceed six feet in height.

5.7.7.4

Method of measurement of a fence or wall. The height of a fence or wall shall be measured from existing or natural ground level at the base of the fence, except that, where there is a retaining wall, the height measured from the average of the ground levels at each side of the retaining wall, and further except that any fence or wall on the uphill side of such retaining wall may be at least four feet high, notwithstanding provisions 5.7.7.1 and 5.7.7.3 above.

5.8.

Performance standards.

5.8.1

Performance standards for all uses. All uses shall be subject to the following performance standards. To ensure compliance, detailed plans may be required by the building inspector before the issuance of a building permit. Where parameters listed below are already regulated by a regional, state, or federal authority, the stricter regulation shall prevail.

5.8.2

Particulates. Any handling, transfer or storage of materials shall use best available technology to control fugitive emissions of dust or other particulate matter migrating to off-site locations in any amount which is injurious to human health, animals, vegetation or other forms of property or which causes any excessive soiling at any point beyond the property lines. Such technology may include dust collection/suppression systems, wind guards and spraying of stockpiles with surfactants.

5.8.3

Odor. No odorous emission shall be permitted which is determined to be obnoxious or which unduly transfers with or prevents the comfortable enjoyment of life or property. No emission of odorous gases noticeable to the human sense of smell or other odorous matter in such quantities as are at the property line shall be permitted.

5.8.4

Noise. All noise emissions shall comply with ordinance 93-28 section 1-1, and section 11-32[45] ( [unnecessary vehicle]) of the Code of Ordinances of the town.

5.8.5

Vibration.

5.8.5.1

Vibration shall be measured from the nearest property line.

5.8.5.2

No vibration is permitted which is discernible to the human sense of feeling for three minutes or more duration in any hour of the day between 7:00 a.m. and 7:00 p.m. or of 30 seconds or more duration in any one hour between 7:00 p.m. and 7:00 a.m.

5.8.6

Heat and glare. No use shall carry on any operation that would produce heat or glare beyond its property line. No activity shall use any lighting in a manner that produces glare on adjacent property, or on public or private roads.

5.8.7

Wastewater. All wastewaters shall be collected by a public sewage system when available. Such wastes, if treated by a private treatment plant, may be collected by other than a public sewage system provided that approval has been obtained from the appropriate state and federal agencies.

5.8.8

Storm and surface water runoff. Storm drainage systems shall be designed by a Rhode Island registered professional engineer and all storm and surface water runoff control systems shall be approved by the town director of public works, before the issuance of a building permit. A zero-net increase in runoff over existing conditions shall be required.

5.9

Off-street parking and loading regulations.

5.9.1

Requirements. In any district where permitted, no use of premises shall be authorized or extended, no land shall be used or occupied and no building or structure shall be erected, altered, used or enlarged unless there is provided for such use, extension, erection, alteration or enlargement off-street automobile parking spaces as hereinafter required. Any building or use of premises existing at the time of the adoption of this ordinance with parking space that does not meet the requirements of this ordinance will not be required to do so, provided that any enlargement, extension or alteration of the building or use of the premises shall provide off-street parking spaces as herein and hereinafter required. Such off-street parking space may be provided in the open or under cover.

5.9.2

Continuation of requirements. The off-street parking spaces associated with uses as provided for and required by this ordinance shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the parking requirements of such associated uses occurs to permit a corresponding change in the size of the required off-street parking area.

5.9.3

Fractional measurements. When units or measurements determining the number of required off-street parking spaces result in a requirement of a fractional space, any fraction up to but not including one-half shall be disregarded, and fractions including and over one-half shall require one additional off-street parking space.

5.9.4

Minimum size. Each parking space shall contain an unobstructed area of not less than 162 square feet or appropriate dimensions for the parking of one vehicle, exclusive of necessary drives or aisles. Accordingly, the minimum width and length of each space shall be:

Nine feet by 18 feet.

Further, to provide sufficient vehicle maneuvering space, the minimum unobstructed aisle width shall be determined by the angle of the parking spaces to the layout of the parking aisle as delineated below:

Except for a single-family detached dwelling, each parking space shall be marked by pavement lines. A driveway may be considered a required parking space only for a detached single-family dwelling.

All parking spaces and areas shall comply with the requirements of the Americans with Disabilities Act, as amended.

5.9.5

Location of required parking spaces. Off-street parking spaces shall be on the same lot as the structure or use they are intended to serve or on an abutting lot. Upon application to the zoning board of review, a variance pursuant to section 9 of this ordinance may be granted by the board to allow off-street parking on other off-site lots in the same district as the subject lot provided that the following conditions are met in addition to the requirements of section 9:

5.9.5.1

Other allowable off-site parking is a location that is within 100 feet of the boundary of the lot of the principal use or structure; and reasonably and safely accessible, in the opinion of the zoning board, by pedestrians provided, however, that such off-site locations shall be compatible with the use, value [of] neighboring property, and that the approval of the off-site location will not be detrimental to the general health and welfare of the community and be consistent with the comprehensive plan.

5.9.6

Setbacks of parking spaces. No parking space or aisle shall be closer than ten feet to any front or corner side yard property line. No parking space or aisle shall be closer than five feet to any building or as required by the West Warwick Fire Department. Parking spaces less than ten feet from any building shall be separated from such building by raised curb, bumper or wheel guards. The requirement of this subsection shall not apply to detached single-family dwellings.

5.9.7

Entrance and exit. Each parking space shall be designed with the adequate off-street area for approach, turning and exit without the need or ability to use any part of a street or sidewalk. All driveways shall be a minimum of 12 feet in width for maneuvering each lane of traffic using such driveway. All corners shall provide a turning radius of 45 feet. There shall be no architectural, landscaping, or natural barriers to prevent access to any side of a building by an emergency vehicle. The requirements of this subsection shall not apply to detached single-family dwellings.

5.9.8

Joint use.

5.9.8.1

No part of an off-street parking space required for any building, structure, or use for the purpose of complying with the provisions of this ordinance shall be included as part of an off-street parking space similarly required for another building, structure or use unless the type of use indicates that the period of usage of such buildings, structures, or uses will not be simultaneously with each other as determined by the planning board.

5.9.8.2

Nothing in this ordinance shall be construed to prevent the joint use of off-street parking space for two or more buildings, structures or uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions of this ordinance.

5.9.9

Mixed uses. In the case of mixed uses on a premise, the total requirements for off-street parking spaces shall be the sum of the requirements of the various uses computed separately as hereinafter required and the off-street parking space for one use shall not be considered as providing the required off-street parking space of any other use.

5.9.10

Plans, construction and maintenance of off-street parking areas.

5.9.10.1

Plans. For the purpose of constructing the required parking area, plans for parking areas shall be submitted to the planning board to show how the required parking shall be arranged in the area supplied for such purposes and to indicate sufficient space for parking maneuvers as well as adequate ingress and egress to the parking area. Such plans shall also indicate the location and design of required landscaping. The planning board may make such referrals and require additional studies as it deems warranted .

5.9.10.2

Construction. Every parcel of land on which after the effective date of the ordinance a parking area is constructed shall be developed as follows, subject to the review and approval of hereinabove required plans by the town Engineer and subject to approval of the planning board:

5.9.10.2.1

Such area where subject to wheeled traffic shall be paved with an impervious surface, drained, lighted and arranged for convenience access and safety of pedestrians and vehicles;

5.9.10.2.2

Any light used to illuminate the parking area shall be so arranged as to reflect the light away from adjoining premises and streets;

5.9.10.2.3

Suitable separation shall be made between the pedestrian sidewalk and the vehicular parking or moving area with the use of appropriate bumper or wheel guards, traffic islands or raised sidewalk;

5.9.10.2.4

The location and extent of the appropriate curb cuts shall be determined by the town Engineer, subject to the approval of the planning board and wherever state jurisdiction exists, all curb cuts shall be subject to the approval of the Rhode Island department of Transportation . In order to minimize vehicular conflicts, curb cuts shall be placed at the maximum feasible distance from intersections or from curb cuts for adjacent properties except where they are combined. Except unless traffic site or safety conditions warrant, only one curb cut shall be permitted for development.

5.9.10.3

Buffers; Nonresidential parking. Where any parking area containing five parking spaces or more and located in a nonresidential district adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational, or religious purposes, there shall be provided a five-foot wide landscaped strip containing a wall or fence of solid appearance or tight evergreen hedge having a height of not less than 5½ feet maintained in a neat and attractive manner between the parking area and the residential district or residential, educational, recreational or religious premises.

5.9.10.4

Buffers; Residential parking. Where any parking area containing five parking spaces or more and located in a residential district adjoins or abuts a lot or premises used for residential purposes, a wall or fence of solid appearance or tight evergreen hedge of minimum four-foot width having a height of not less than SY, feet shall be erected and maintained in a neat and attractive manner between the parking area and the lot or premises, subject to the approval of the planning board.

5.9.10.5

Landscaping. Any parking area established, expanded, or required to be altered because of building alteration or reuse of premises, after the effective date of this ordinance shall provide a minimum of five-foot wide planting strip between the parking area and the street. The planting strip may be interrupted to allow for entrances and exits but in no portion may the planting strip be less than ten feet in length. The planting strip shall be planted with trees or vegetation not exceeding 2½ feet in height. Such other landscaping treatment to enhance the premises and make the parking area acceptable and attractive to the adjoining neighborhood shall be provided, subject to the approval of the planning board.

The interior of the parking areas shall be suitably landscaped with trees, shrubs, vegetation or ground cover. At least one landscaped area shall be provided for every parking area containing 20 parking spaces or more, which in the aggregate shall be at least 15 square feet per parking space. Such areas shall be appropriately located to prevent long, uninterrupted rows of parking spaces. Landscaped areas shall be separated and protected from parking areas by curbing or other means.

5.9.10.6

Maintenance. Any parking space or area shall be kept by the owner in a neat and attractive manner in accordance with specifications and ordinances of the town. The owner shall be responsible for maintenance of landscaping, including the removal and replacement of all dead or diseased plantings. The parking area shall be plowed and/or sanded within 24 hours after the end of any snow, ice, or sleet storm.

5.9.10.7

Off-street parking space requirements. The number of off-street parking spaces for each use shall be required as follows:

In addition to the hereinabove required off-street parking spaces, adequate provisions shall be made for the off-street parking of all company-owned vehicles operating out of the premises as determined by the town engineer, subject to the approval of the planning board.

5.9.11

Off-street loading and unloading; required areas. In order to avoid undue interference with the public use of the street, adequate space for the standing, loading, and unloading of delivery vehicles shall be provided and maintained. No land or premises shall be used or occupied, and no buildings or structures shall be erected or used unless off-street loading space as required by this ordinance is provided. Such off-street space is not required for any building, structure or use of premises existing on the effective date of the ordinance with off-street loading spaces that do not meet the requirements of this chapter [ordinance]; provided, however, that off-street loading space as required by this ordinance shall be provided for by any enlargement, extension or alteration to any such existing structure or use.

5.9.12

Continuation of requirements. Off-street spaces with permitted uses as required by this ordinance shall be a continuing obligation of the present or future owner of any premises and shall not be reduced, changed, encroached upon in any manner or discontinued unless a change in the loading requirements of such associated permitted uses occurs to permit a corresponding change in the number of off-street loading spaces.

5.9.13

Joint use. Nothing in this ordinance shall be construed to prevent the joint use of off-street loading space for two or more buildings, structures, or uses on the same or contiguous premises if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the provisions [of] this ordinance.

5.9.14

Location and street access. The off-street loading spaces required by this ordinance shall be in all cases on the same premises as the use, building or structure they are intended to serve and shall have vehicular access to a street. In no case shall any required off-street loading space be part of an area used to satisfy the off-street parking requirements of this ordinance. The use of such off-street loading space shall not hinder the free movement of vehicles and pedestrians over a street, sidewalk or alley and shall be located to the rear of the building serviced.

5.9.15

Space requirements. For each club of any type, business, educational institution, commercial recreation, cultural center, educational institution, motel, hotel, or motor inn, hospital or sanitarium, office, place of public assembly, elementary, junior or high school or other similar use not herein provided for, off-street loading and unloading space of at least 480 square feet in area with a minimum width of 14 feet, a minimum length of 60 feet and, where covered, a minimum overhead clearance of 15 feet shall be provided according to the following schedule:

5.9.16

Plans, construction and maintenance of off-street loading areas.

5.9.16.1

Plans. Detailed plans shall be submitted to the planning board to show how the off- street loading space shall be arranged and to indicate sufficient space for maneuvering as well as adequate ingress and egress to and from the street, subject to review of the town engineer before any permits are issued or approved by the building inspector.

5.9.16.2

Construction. Off-street loading space and access drives shall be paved, drained and lighted and shall have appropriate bumper or wheel guards where needed, and any light used for illumination shall be so arranged as to reflect the light away from adjoining premises and streets. Where any off-street loading space adjoins or abuts a residential district or a lot or premises used for residential, educational, recreational or religious purposes, there shall be provided a wall or fence of solid appearance or tight evergreen hedge having a height of not less than SY. feet maintained in a neat and attractive manner between the off-street loading space and the residential district or residential, educational or religious premises, subject to the approval of the planning board, provided that when the provisions in the judgment of the planning board are impossible or impractical of performance, they may be waived by the planning board.

5.9.17

Relief from application of gross floor area (GFA) standards. The term "gross floor area" includes all floor spaces within an existing or proposed structure. When an existing building is being modified, altered, or expanded, or the use therein is being so modified or altered, the planning board may, upon request by the property owner or developer, exclude from the calculation of the gross floor area that portion of the building which may not be occupied in such a way as to affect the building's parking demand. Examples of such areas may include, but need not include, such areas as basements, attics, machinery and equipment rooms, etc. The planning board may only grant such relief where the following conditions are met:

a.

The planning board finds that granting such relief will not be injurious to the public health, safety, and welfare;

b.

The planning board finds that not granting such relief will place an undue burden on the property owner/developer;

c.

The town engineer has reviewed the proposed request and provided the planning board with comments on the request;

d.

The relief is solely for the benefit of a proposed nonresidential development and any associated existing or proposed residential development will be in strict conformance with the parking requirements unless a variance has been duly granted by the zoning board of review.

5.10

Signs.

5.10.1

[Authority; purpose.]

5.10.1.1

Authority for this chapter [ordinance] is granted under the Rhode Island Zoning Enabling Act, Chapter 45-24. Additional authority for this article is granted by G.L. 1956, tit. 24, Ch. 7 [G.L. 1956, § 24-7-1] (Power of towns to establish and regulate sidewalks).

5.10.1.2

The purpose of this sign ordinance is to: Encourage the effective use of signs as a means of communications in the town; to maintain and enhance the aesthetic environment and the town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and to enable the fair and consistent enforcement of this sign ordinance.

5.10.2

Definitions. Sign definitions are provided to clarify and distinguish the range of possible structures and formats associated with signage. Defined signs are permitted in all zones as provided herein, unless restricted geographically by zone in the sign table. Words and phrases used in this chapter [ordinance] shall have the meanings set forth in this chapter [subsection]. Words and phrases not defined in this chapter [subsection] but defined in other ordinances of the town shall be given the meanings set forth in such ordinance. Principles for computing sign areas and sign heights are contained in sections 5.10.3(2) and 5.10.3(3). All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Chapter and section headings or captions are for reference purposes only and shall not be used in the interpretation of this chapter [ordinance].

Animated sign. Any sign that uses movement or change or lighting to depict action or create a special effect and/or scene. Electronic message display devises are considered animated signs unless the message is fixed and does not flash, move, or change message text on an intermittent basis.

Awning. Any temporary or retractable covering or shelter which is supported entirely by the exterior wall of a building (see also "canopy sign").

Awning sign. See Canopy sign.

Balloon/inflatable object. Any object and/or sign filled with helium or other gas or air used to expand its shape and/or form. Such objects are considered advertising devises and are prohibited.

Banner. Any sign or fabric or similar material that is mounted to a pole, building, or other structural support. Street banners are those banners installed so as to hang across a public road or thoroughfare for governmental sponsored and nonprofit purposes and may be installed for a period not to exceed 30 days within a six-month period per organization. Such installation may only be made following written notification to the building official. Storefront banners are any kind of banner installed on private property.

Billboards. Any off-premises sign exceeding 15 square feet in area.

Bracket. The device used to attach and support a sign face to a building or freestanding structure.

Building marker. Any sign indicating the name of a building and/or date and/or incidental information about its history or construction, which sign is incombustible material and is attached parallel to the surface of the building. Building markers may not exceed four square feet in height.

Bulletin board. A board or wall area on which bulletins, notices, or displays are temporarily posted. Such signs may not exceed five square feet in area for public, charitable or religious institutions when located upon the premises of said institutions.

Canopy. A roof-like projection, or portico, over a door, entrance, window or outdoor service area, including, but not limited to, industry standard gas station roofs independent of an enclosed structure.

Canopy sign. Any sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outside service area. (A marquee is not a canopy sign.) Where canopy signs are permitted, they shall be allowed in lieu of wall signs. The maximum width of the area of a sign display shall be 70 percent of the linear frontage associated with the business. The maximum height of the sign display shall be 36 inches.

Commercial message. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity.

Construction sign. Any sign whose purpose is to display the name of the contractor and/or subcontractors employed on a work site, and/or the consultants and/or financial institutions participating in the project, such signs shall be either freestanding or attached to the structure and shall not exceed 12 square feet in residential zones or 30 square feet in all other zones. Such signs shall be temporary in nature and shall be removed upon completion of construction. This definition does not include signs located on the premises of the general offices of a contractor.

Directional sign. Any sign whose purpose is to direct vehicles and/or pedestrians onto, around, and off of premises.

Directory sign. A wall sign which provides dedicated space for listings of two or more professional, service, business and/or commercial activities and is designed and constructed with provision to allow changes of occupancy to be reflected on the sign. One such sign shall be permitted per building, either as a wall directory sign or as a freestanding directory sign. Wall sign directions are permitted in lieu of individual wall signs, but such sign areas shall be no greater than 40 square feet. Freestanding directory signs are permitted in lieu of freestanding signs or monument signs and shall not exceed 15 feet in height or 60 square feet in sign area.

Electronic message display device. An electronic device that utilizes LED (fight emitting diodes), or other similar technology to display scripted messages or displays on a display panel. Such signs are allowed by special permit, except for "menu" system signs, and are limited as a component of freestanding signs and wall signs and cannot exceed 25 percent of the total allowed area of each type of sign.

Externally illuminated sign. Any sign whose light source is located outside of the sign. This includes, but is not limited to, spotlights.

Financing sign. See Construction sign.

Flag. Any fabric, banner, or bunting containing distinctive colors, patterns, words and/or symbols. Up to three flags shall be permitted per business or residence. Flags attached to a building shall be displayed at a height where the lowest portion of flag material is a minimum of seven feet off the ground if hanging over a public right-of-way.

Flashing sign. See Animated sign.

Freestanding sign. Any sign supported by a structural device or devices that is placed on, or anchored into, the ground and that is independent from any building. One freestanding sign shall be permitted per lot (as provided for in the sign table), with a maximum visible sign area of 40 square feet (see also section 20-3, Computations) and a minimum sign clearance of eight feet between the grade and the base of the lowest part of the sign to ensure adequate site clearance for pedestrians and vehicles. Maximum sign height shall be 15 feet. Freestanding signs may contain an electronic message display device that is limited to 25 percent of the total allowed sign area, by special permit.

Gas filled sign. Any sign internally colored by gases not specifically prohibited in section 5.10.5(j) of this chapter [ordinance].

Gas station signs. Signs necessary to the operation of filling and service stations limited to the following:

(1)

Lettering on buildings displayed over individual entrance doors consisting of the words "washing," "lubrication," "repairing," and/or words of similar relevance, provided that there shall not be more than one such sign centered over each entrance, and that the sign area shall not exceed 12 inches in height.

(2)

Lettering or other insignia which are part of a gasoline pump, consisting only of a brand name, lead warning sign, price and other signs required by law.

(3)

A credit card signs not exceeding one square foot in area, affixed to the building or window.

(4)

Other signs as permitted by this chapter [ordinance].

Government signs. Signs erected by or on behalf of the United States of America, the state and the town, traffic controls, legal notices, or other signs required by law including all signs erected under the authority of the town on town owned or controlled land. The town shall have the ability to erect such signs without sign approval.

Internally illuminated sign. Any sign, exclusive of gas filled signs, whose light source is located behind and/or within the sign itself or behind and/or within any individual element(s) of a sign.

Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "loading zone," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

Legal nonconforming sign.

(1)

A sign which was erected legally prior to the enactment of this chapter [ordinance];

(2)

A sign which does not conform to the sign code requirement, for which zoning relief has been granted through the zoning board of review.

Lot frontage. Roadway frontage on a local access road.

Marquee. Any permanent roof-like structure projecting beyond a building which is used as a theater.

Marquee sign. Any sign attached to, in any manner, or made part of a marquee.

Monument sign. Any freestanding sign whose base is in contact with or within one foot of the ground. Where permitted, only one monument sign shall be allowed per lot in lieu of a freestanding sign and shall have a maximum sign area of 50 square feet and shall be set back a minimum of ten feet from all property lines. Maximum sign height shall be eight feet.

Moving sign. Any sign moved by mechanical or natural means, such as wind.

Murals. A picture or painting applied directly to a wall or roof of a structure containing no written copy or text.

Nameplate. Material on which a name and/or professional designation is inscribed or painted. Professional nameplates shall indicate a name and/or professional designation and/or affiliation and shall not exceed one square foot per professional occupant. Residential nameplates shall display the name and address or resident and shall not exceed one square foot in area. All such nameplates shall be affixed either to a door, adjacent wall of the premises or a lamp post/mailbox.

Neon. See Gas filled sign.

Nonconforming sign. Any sign that does not conform to the requirements of this chapter [ordinance]. Off-premises sign, any sign advertising or calling attention to an activity, product or service not available within a building or upon the parcel of land where it is located. Temporary off-premises signs for nonprofit events are permitted for a period of seven days prior to the scheduled event and shall be removed within two days following the event. Such signs are prohibited from public property including rights-of-way and may not exceed six square feet in total sign area. Written notification shall be made to the building official and planning department prior to installation of the signs. Such notification shall include, but not be limited to, written permission or private property owner(s), location of signs, size of signs, dates of display and removal.

Peddler's signs. Any wall sign or perpendicular sign which is a part of and affixed to a permitted peddler's vehicle.

Pennant. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, string, or line usually in series, designed to move in the wind.

Political sign. Any sign displayed so as to advise voters of a candidate or position in a forthcoming election. Each lot shall be allowed without permit one sign per candidate or issue, each sign not to exceed eight square feet. Off-premises political signs are prohibited. All political signs must be removed within seven days of the political election or event.

Portable sign. Any mobile sign not permanently attached to the ground or permanent structure, or a sign which may be transported, including, but not limited to, signs designed to be transported by means of wheels; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business. Sandwich board signs as described and regulated elsewhere in this chapter [ordinance] shall not be considered portable.

Principal building. The building in which the principal use of the lot is conducted. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.

Projecting sign. Any sign affixed to a building or wall in such a manner that it extends more than ten inches beyond the surface of such building or wall. Such signs shall be permitted in lieu of freestanding signs or monument signs. Only one projecting sign shall be permitted per business and shall be perpendicular to the wall to which it is attached, its nearest edge being no less than three inches and its furthest edge projecting no greater than 48 inches from the wall. The projecting sign shall have a maximum sign area of ten square feet and its lowest edge shall be a minimum of eight feet from the ground.

Real estate sign. Any temporary sign advertising the real estate upon which the sign is located as being for rent, lease or sale. Residential real estate signs shall be permitted for individual residential properties and shall not exceed six square feet in area. Only one residential real estate sign per lot shall be permitted. Commercial and industrial real estate signs shall be permitted for industrial and commercial properties and shall not exceed 32 square feet in area. All residential, commercial and industrial signs shall be removed within two weeks of the sale or lease of the property or unit. Subdivision real estate signs shall be permitted for subdivisions of five or more lots. One common sign with a maximum sign area of 32 square feet shall be permitted.

Residential sign. Any single faced wall sign or freestanding sign in a residential zone including, but not limited to, preservation plaques, bed and breakfast signs, and political signs. Freestanding signs of this nature shall have an area not exceeding four square feet, shall be no greater than four feet in height overall and shall be located a minimum of five feet from all property lines.

Residential zone use sign. A wall sign or freestanding sign whose sign display is not to exceed 12 square feet and is used on premises for church, hospital, library, museum, art gallery or charitable purposes.

Roof sign. Any sign erected over or on the roof of a building and which is supported by the roof structure.

Sandwich board sign. Any double-sided portable sign designed as an "A" or "T" frame, typically hinged or joined at one or more points. One such sign shall be permitted in the village commercial zone only and shall be located so as to provide a public passage of a minimum of three feet on any public right-of-way. Each face of the double-sided sign shall not exceed six square feet in area. No driveways, doorways, walkways or handicap ramps may be blocked by the sign. Sandwich board signs shall not be attached to any public structure or street furniture.

Searchlight. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.

Sign. Any device, fixture, display, placard or structure that uses any color, form, graphic, illumination, symbol, and/or writing to advertise, announce the purposes of, or identify the purpose of a person or entity, or to communicate the information of any kind to the public. A wall sign shall consist of both a sign face and bracket.

Subdivision identification sign. One freestanding permanent sign may be installed at all exclusive entrances to a development. Each sign shall have a maximum sign area of 16 square feet. These signs shall not be located within the public right-of-way or on town owned or controlled land.

Temporary sign. Any sign that is used for a limited time and is not permanently installed or erected.

Town. All governmental entities of the Town of West Warwick, including, but not limited to, town municipal offices and the school department.

Wall sign. Any sign attached parallel to, but within ten inches of a wall, painted on the wall surface of, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface, and is attached flush with such wall or building. One such sign shall be permitted per business per building face. The maximum width of the sign display shall not exceed 70 percent of the linear frontage associated with the business unit and may either be a total of 30 square feet in area or a maximum of 36 inches in height and no greater than six inches from the wall in the village commercial zone, or a maximum of 48 inches in height and not greater than ten inches from the wall in the business, commercial-industrial and business park zones.

Window sign. Any sign that is placed inside a window, upon the windowpanes or glass, or within 12 inches of the window (exclusive of merchandise display.) Permanent window signs may be applied to, painted on or attached to the inside of each window associated with a business. Temporary interior paper signs advertising business openings, specials, sales, events and greetings shall be permitted for a period not to exceed 30 days. All window signs shall not exceed 25 percent of the total window area. Each window shall be counted separately. Electronic message display devices are prohibited as a window sign.

5.10.3.

Computations. The following principles shall control the computation of sign area and sign height:

(1)

Sign display. The sign display is a portion of the permitted sign area. The area of a sign display shall be computed by means of the smallest square or rectangle that will encompass the extreme limits of the writing, representation, emblem or other display.

(2)

Sign area, single-faced signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one face), shall be computed as the area of sign display together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed.

(3)

Sign height. The height of a freestanding or monument sign shall be computed as the distance from the base of the sign at normal grade to the top of the sign area. Normal grade shall be construed to be the lower of (1) existing grade prior to the construction, or (2) the newly established grade, after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.

(4)

Zones. For the purpose of this sign ordinance, the districts shall be defined as tabulated on the sign table included herein as part of this chapter [ordinance].

5.10.4.

General provisions.

(a)

Permitted signs. The installation, enlargement, reduction or relocation of (permitted) signs in all zones are allowed as indicated in the sign table following approval by the building official.

(b)

Changes to nonconforming signs. Enlargement or relocation of legal nonconforming signs require additional approval from the zoning board of review as described elsewhere in the zoning ordinance.

(c)

State building code. Within all zones and districts, all signs shall comply with applicable provisions of the state building code and the National Electric[al] Code.

(d)

Sign maintenance. Within all zones, all signs shall be maintained in good structural condition, and in conformance with this chapter [ordinance] (unless otherwise allowed through the zoning board of review) at all times.

(e)

Illumination. Within all zones, all signs may be illuminated under the following criteria:

(1)

Internal illumination or back lighting of signs is permitted in all zones, except that in the village commercial zone restrictions are (a) the background is darker than the letters placed against it; (b) the background is opaqued; (c) the background is ivory or similar shade to give the impression of opaquing.

(2)

Signs may be illuminated by a stationary white or off-white steady light only. These lights shall not provide glare, nor shall they direct lights or shine off the premises.

(f)

Alteration of sign faces. Any legally existing sign faces (including legal nonconforming sign faces) may be altered either to update the sign content or to reflect new information provided the alteration does not result in any change in the sign's size, extent, location or illumination.

(g)

Criteria for review. All sign proposals shall be evaluated under the following guidelines:

(1)

Compliance with ordinances;

(2)

Clarity of design and message;

(3)

In addition to the criteria listed in subsections (1) and (2), all proposals will be subject to any design district guidelines adopted subsequent to this chapter [ordinance].

(h)

Brackets. All sign brackets which have been abandoned for a period of one year shall be removed. (See also section 20-5 regarding sign abandonment.)

5.10.5.

Prohibitions. In addition to the signs described as prohibited under the sign table, the following signs and sign materials are also expressly prohibited by this chapter [section]:

(a)

Off-premises signs unless otherwise permitted under provisions of this chapter [ordinance].

(b)

Signs which advertise an activity, business, product or service no longer produced or conducted on the premises upon which the sign is located. No such sign shall remain in place or on vacated premises for more than one year from the date the vacancy commenced.

(c)

Signs which are attached to natural features, stone walls, utility poles, utility boxes, traffic signs, fences or highway structures.

(d)

Signs placed on or against trailers or vehicles, whether registered or unregistered.

(e)

Signs in the public right-of-way, except as provided for elsewhere in this chapter [ordinance] and except for those installed by the government.

(f)

Signs which imitate, and may be confused with, an official traffic control sign or signal, or an emergency or road equipment vehicle.

(g)

All other signs which have not been expressly permitted within this article.

(h)

All existing signs erected without the necessary approvals and/or permits.

(i)

Sign materials identified as pennants, streamers, spinners and other moving devices are prohibited in all zones with the exception of village commercial.

(j)

Sign material identified as exposed polycarbonate, fluorescent and phosphorescent signs are prohibited in all zones, except that traditional "neon" signs shall be permitted in all zones and districts.

5.10.6.

Nonconforming signs.

(a)

A sign shall immediately lose its legal nonconforming status when:

(1)

The sign is enlarged or reduced without approvals.

(2)

The sign is relocated without approvals.

(3)

The sign advertises or calls attention to any products, businesses or activities which have not been carried on or sold at the premises for the past one year.

(4)

The sign shall not have been repaired or properly maintained within 30 days after written notice to that effect has been given by the building official.

(5)

The sign is removed and replaced with another nonconforming sign, regardless of its size.

(b)

A sign shall not lose its legal nonconforming status when:

(1)

A wall sign is removed for construction, painting and/or restoration of the building provided that the sign is returned to its location within 30 days of completion of the building work.

(2)

The sign is removed to facilitate repair, maintenance and/or repainting and replaced immediately upon completion of such work.

(c)

No sign that had been erected in violation of any previously existing sign provisions of the town zoning ordinance shall, by virtue of adoption of the ordinance from which this chapter [section] derives, become legal nonconforming.

(d)

The town reserves the right to remove any signs located in a public right-of-way that are in violation of: (1) zoning provisions preceding the ordinance from which this chapter [section) derives; (2) provisions of this chapter [ordinance]. Such removal cost will be charged to the business or party responsible for placement of the nonconforming sign.

5.10.7.

Exempt signs. The following signs are exempt from the provisions of this chapter [ordinance], and may be installed without a permit from the building official:

(a)

Residence signs, not exceeding a total of two square feet, displaying the name and address of the occupant or resident of the premises.

(b)

Real estate signs advertising sale or rent, or signs naming the builder, architect, developer, or engineer of a project in progress, placed on the premises and in conformance with dimensions under section 20-1 of this appendix, Definitions.

(c)

Notices of tag, yard or garage sales may be erected. A maximum of four signs per sale, not to exceed a total of two square feet per sign, may be erected on their own post, provided the sale is licensed by the town clerk. All signs must be removed within 48 hours of the sale.

(d)

Signs prohibiting trespass, hunting and the like, signs warning of danger, such as "high voltage," and necessary public utility signs, not to exceed a total area of two square feet.

(e)

Temporary window signs, such as advertising a sale. Normal displays of merchandise in windows shall not be considered to be signs.

(f)

Traffic and other governmental signs, erected by any public safety agency in the discharge of any governmental function. Such signs may be illuminated in accordance with section 20-4(e) of this chapter [ordinance].

(g)

Signs designating historical places or points of interest, erected by governmental authority or the like, not to exceed a total area of 12 square feet.

(h)

Signs indicating entrance, exit, parking, erected on a premise for the direction of people and vehicles, not to exceed a total area of one and one-half square feet. Such signs shall incorporate conventional instructions and symbols but shall be integrated by style and materials with other signage and landscape elements in the development.

(i)

Church, school, or other public use may have one sign, not to exceed a total area of 12 square feet. Such signs may be illuminated in accordance with section 20-4(e) of this chapter [ordinance].

(j)

Temporary political signs where attached to/or erected on a mobile trailer or other mechanical/vehicular device.

5.10.8.

Owner, permittee indemnification. Any permit granted or permission given pursuant to this chapter [section], or provisions under section 5.10 of the town zoning ordinance in effect prior to adoption of the ordinance from which this chapter [section] derives, shall be upon the express condition that the permittee and/or grantee and every owner, person or entity maintaining any such sign shall be liable for and save the town harmless from and indemnify said town against any and all liability, costs and expenses incurred and any damages sustained by persons or property caused by the construction, existence or maintenance of any such sign.

5.10.9.

Administration and enforcement.

(a)

A permit shall be applied for and received from the building and zoning department prior to erecting, re(placing), re(building), re(constructing), or re(locating) any sign. A permit is not necessary for sign repair and maintenance provided the work is done in conformity with this chapter [ordinance].

(b)

The application for a sign permit shall be accompanied by a sketch plan of site and elevation drawings of the proposed sign, caption of the proposed sign, and such other data as are pertinent to the application and consistent with this chapter [ordinance] as determined by the building official.

5.12

Multifamily dwellings. All multifamily dwellings and multifamily dwelling development plans proposed and constructed shall comply with the requirements listed below in addition to other requirements of this ordinance.

5.12.1

Density.

(A)

Density shall be 7,500 square feet per dwelling unit for all multifamily development projects located on any development site containing five acres or less of usable lot area.

(B)

Density shall be 5,000 square feet per dwelling unit for all multifamily development projects located on any development site containing more than five acres of usable lot area; provided that all multifamily development projects containing more than five acres of usable lot area shall provide a minimum of 2500 square feet per dwelling unit of usable open space for active and passive recreational use by the residents of the development or provided to the town for use by the general population. Such usable open space cannot include roadways, driveways, parking areas, wetlands, slopes greater than 12 percent, or any required landscape buffer zones.

5.12.2

Wastewater treatment. Prior to granting final approval, for sites not connected to the town's wastewater collection system, approval by the Rhode Island Department of Environmental Management of an on-site treatment system shall be required.

5.13

Village design control district (VDCD) zone.

5.13.1

Purpose and intent. The purpose and the intent of the village design control district zoning is to follow the long held urban planning philosophy of the doctrine of appropriateness, and by that, encourage the responsible growth and vitality of the traditional town villages (i.e., Natick, Crompton, Phenix, etc.). Development in this zoning district should meet the following objectives:

(A)

Provide areas within and adjacent to residential neighborhoods where groups of small businesses may be located to:

Serve the frequent small commercial and service needs of residents within convenient traveling distances.

Serve as a transitional zone between more intensive business areas and residential neighborhoods.

Provide a district for small business and community activities which do not generate the traffic, noise, glare, or parking gluts associated with larger-scale business use.

(B)

Encourage traditional development design and mixed-use development appropriate to village centers.

(C)

Serve the traffic-carrying capacity of the town's road system by concentrating certain uses within village centers, thereby reducing the overall traffic burden.

(D)

Preserve the residential and historic characteristics of the community by encouraging responsible new development to its village centers.

(E)

Strengthen the role of the neighborhood as a support for the village center and in turn to keep each village center to a scale that services its neighborhood without an undue dependence on automobile-borne customers.

(F)

Provide for a visual center or village green for each traditional village.

(G)

Promote unified physical, visual and spatial characteristics that are compatible with each villages' traditional development pattern.

5.13.2

Permitted uses. The uses which will be considered in a design control district shall include but not be limited to the following:

(A)

Residential, retail, commercial, non-retail, or industrial uses lawfully existing prior to adoption of this ordinance.

(B)

New one- [or] two-family residential dwellings.

(C)

Public parks and recreation facilities.

(D)

Libraries and museums.

(E)

Government buildings including public utility structures or right-of-way.

(F)

Churches or similar places of worship.

(G)

Public or private elementary, middle, and high school.

(H)

Any other use approved by the planning board as being harmonious with the spirit and the intent of the design control district. A finding of appropriateness for a requested use will consider, but not be limited to, uses that will not disrupt the general limited retail and service standard as well as the residential character and function of the village center and its more pedestrian orientation. Quasi-industrial, commercial, or large retail-oriented uses, or uses traditionally reliant upon high truck and auto traffic, as determined by the planning board as being not appropriate, are prohibited. Solicitation of public comment is an integral component of this decision-making process.

5.13.3

Dimensional requirements. Yard, setback, lot size, height, and frontage requirements are hereby waived, provided that the spirit and the intent of this section are complied with in the development plans as determined by the planning board. In consultation with the town planner and technical review committee, the planning board may determine that certain dimensional requirements shall be required within all of or a portion of the perimeter of the site and shall exercise ultimate discretion as to whether the development plan does comply with the spirit and the intent of this section.

5.13.4

Parking requirements (non-residential developments). The planning board in consultation with the town planner and technical review committee, may reduce or waive the parking requirement if they determine that the proposed uses, location of the site, and the related facilities existing or proposed by the applicant will result in the generation of pedestrian, bicycle, and mass transit trips in sufficient volume to warrant the parking reduction. All other parking requirements in section 5.9.10.7 of these zoning regulations, excluding the required number of spaces for each use, shall be met. Parking or vehicle access shall be avoided in front of any structure within the VDCD and off-street parking to the rear of the structure will be emphasized. The parking requirement shall be two spaces per dwelling unit.

5.13.5

Signs. The planning board in consultation with the town planner and the technical review committee may impose stricter requirements than are required in the town zoning code for signage when, in their judgment, the specific proposal and site so necessitates. All exterior lighting and signs shall be shown on the development plan and detailed design (i.e., material, illumination, etc.) shall also be provided. The reasons for the stricter requirements shall be part of the motion to approve any development.

5.13.6

Residential density. In the case of other than a single-family dwelling on an individual lot, residential density may be approved for up to four dwelling units per acre, provided that all requirements and standards for the proposed residential use or for other proposed uses are met.

5.13.7

Expansion of legal non-conforming non-residential uses.

(A)

Any non-residential use lawfully existing prior to adoption of this ordinance may be permitted expansion on the existing lot only. However, if expansion is to take place on a parcel of land that is contiguous to the existing developed lot, and owned by the applicant at the time of a request for expansion is filed, said new lot shall be considered as part of the existing developed lot for the purposes of this section of the zoning regulations only. Requests for expansion may be declined if, in the determination of the planning board in consultation with the town planner and technical review committee, said expansion proposal is found to be detrimental to the spirit and the intent of the VDCD and/or the uses adjacent to the subject existing lot.

(B)

Commercial or industrial uses permitted prior to adoption of this ordinance may continue under new ownership provided the use of the property does not change. Failure to submit a development plan for determination as to whether a potential change in use could exist may result in a finding, by the planning board in consultation with the town planner and technical review committee, of the existence of an illegal, non-conforming use. Requests for a change in use may be permitted if, in the determination of the planning board in consultation with the town planner and technical review committee, said change is found to be consistent with the spirit and intent of the VDCD.

5.13.8

Architectural controls and review process. This should be an HOC review.

(A)

An intention of the VDCD zoning classification is to preserve the character and the charm of the village motif as found in the town just after the turn of the 20th Century.

(B)

The planning board reviews proposals for any construction within the VDCD zone including new renovations, alterations, repairs, removal, and/or demolition of buildings. The review includes proposed changes to major buildings, structures (gazebos, walls), secondary buildings (garages, sheds), and appurtenances (pavings, signs, fences, lighting, landscaping), roofing material, exterior siding, windows, doors, accessories (shutters, sidelights, transoms, crossheads, door pediments), dormers, eaves, trim, gutters and downspouts, fences, walkways, paving, and foundations.

(C)

When authentic building materials are unavailable, synthetic and/or engineered products that emulate and replicate the architectural style may be substituted. Authentic restoration is not a requirement of development with the VDCD; however, replication of the authentic materials/features/styles is required for development plans submitted following adoption of this ordinance.

(D)

Prior to the start of any work, proposed changes to major buildings, structures, secondary buildings, and appurtenances must be submitted by the owner or the owner's agent to the town planner, who will determine whether the proposed work is major or minor, as defined below. If the work is determined to be "major," the town planner will submit the completed application packet to the planning board in the form of a site development plan, which shall include architectural elevations and/or construction details. A site development plan is required for all proposed developments except single family residences. All site development plans shall meet the requirements of sections 17.7 and 17.8 inclusive of the town zoning code. This site development plan must receive a certificate of appropriateness within the VDCD even if a building permit from the local building official is not required.

(E)

If the town planner deems the proposed work to be "minor," he will consult with the technical review committee and the building official and either grant approval, require changes for approval or refer the application to the planning board. Approval from either the planning board or the town planner shall be required even if a building permit from the local building official in not required.

(F)

"Major" work is defined as proposed changes to major buildings, secondary structures (garages, sheds, gazebos, etc.), structural walls and expansion and changes in use of any buildings and structures, removal and/or demolition of buildings.

(G)

"Minor" work is defined as changes in paving materials, new signage, new outdoor decks, above ground pools, new fencing, landscaping and other appurtenances.

(H)

No review is required for ordinary exterior maintenance and repair provided there is no significant change in design, architectural features, or type of materials used. Interior alterations do not require review for appropriateness within the VDCD, however, type of use, standard building laws and codes, etc. still exist and must be adhered to.

(I)

The VDCD may or may not include historical areas. In the case where the structure in question is located within a historical designation area, historical building regulations take precedence over VDCD requirements provided that those historical building regulations are determined by the planning board to be more strict than VDCD requirements.

(J)

As part of the application process, an informational packet providing greater detail on architectural controls will be provided.

5.13.9

Other provisions.

(A)

The geographic footprint for the VDCD boundaries for the various districts will be from time to time recommended by the planning board and adopted by the town council and as shown on the town zoning map.

(B)

The geographic footprint may be expanded or reduced as deemed appropriate by the planning board with the recommendation of the zoning board of review and approved by the town council.

(C)

Any lot that falls within two or more zones will be subject to the provisions of the design control district.

(D)

All other questions, disputes, etc. not specifically covered within this regulation shall be revolved [resolved] by the determination of the planning board, acting in consultation with the town planner and technical review committee and shall focus on the appropriateness of the subject vis-a-vis the spirit and the intent of the VDCD zone.

5.13.10

Public hearing. The review process by the planning board shall be at a public hearing for all applications for "major" activities as defined by this ordinance. Public notice of the date of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Notice shall be sent by the applicant to each record owner within 200 feet of the subject property, by certified mail, return receipt requested, of the time and place of the hearing not less than ten days prior to the date of the hearing. Said notice shall also include the street address of the subject property. The cost of all such notice shall be borne by the applicant.

5.13.11

Fees. There will be an application fee, of $500.00 for each application for approval for major work, and an application fee of $50.00 for minor work as defined in this zoning code. The application fee shall be paid with five days from the date of notification to the applicant as to whether the application is a major or minor. No further processing of the application shall be done until the application fee is paid in full.

5.13.12

Expiration dates. Any approval granted by the planning board of any application submitted pursuant to section 5.13 of this zoning code shall expire one year from the date of issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. Exercise of the right as stated herein shall mean that the applicant shall commence work on the project approved and that there shall be no interruption of such work for a period in excess of six months at any time until completion of the project. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.

5.14

Reserved.

5.15

Arctic Design Control District (ADCD).

5.15.1

Purpose and intent. The purpose of the ADCD is to encourage the revitalization of the historic downtown area while maintaining the traditional development characteristics of the historic village center through rehabilitation and new construction, by providing unified physical, spatial, visual, and architectural design standards to guide all future changes to the district.

5.15.2

Permitted uses. The uses which will be considered in the ADCD shall include but not be limited to the following:

(A)

Residential, retail, commercial, non-retail, or industrial uses lawfully existing prior to the adoption of this ordinance;

(B)

Retail, except for mobile homes and auto dealers, gas stations, fuel dealers and storage;

(C)

Commercial/office uses except motor vehicle rental, auto repair and service, car detailing and washing, truck repair, service or terminals;

(D)

Government facilities, including public utility structures or rights-of-way;

(E)

Libraries and museums;

(F)

Public parks and recreation facilities;

(G)

Restaurants;

(H)

Multifamily residential;

(I)

Medical facilities;

(J)

Private amusement and recreation facilities;

(K)

Hotels and motels;

(L)

Private parking lots or garages;

(M)

Personal services;

(N)

Churches or similar places of worship;

(O)

Public or private elementary, middle and high schools;

(P)

Any other use approved by the planning board as being harmonious with the spirit and the intent of the ADCD. A finding of appropriateness for the requested use will consider, but not be limited to, uses that will not disrupt the general retail/commercial/residential mixed use as well as the downtown village character and function of the Arctic Revitalization District as a pedestrian oriented area.

5.15.3

Dimensional requirements. Yard, setback, lot size, height, and frontage requirements are hereby waived, providing that the spirit and the intent of this section are complied with in the development plans as determined by the planning board. In consultation with the town planner and the technical review committee, the planning board may determine that certain dimensional requirements shall be required within all or a portion of the site and shall exercise ultimate discretion as to whether the development plan does comply with the spirit and the intent of this section.

5.15.4

Parking requirements. The planning board, in consultation with the town planner and the technical review committee, may reduce or waive the parking requirement if they determine that the proposed use, location of the site, and proximity to existing public parking or other private parking facilities, will result in the generation of pedestrian trips in sufficient volume to warrant the parking reduction. All other parking requirements in section 5.9.10.7 of the zoning ordinance, excluding required number of spaces for each use, shall be met. Parking location and access shall be consistent with the design guidelines listed in appendix A*. The residential parking requirement will remain at two spaces per unit unless waived by the planning board.

NOTE: *Appendix A is not included herein but is available at the town planning office for public inspection. The planning board shall have authority, from time to time, to amend the appendix A design guidelines without the necessity to amend this ordinance.

5.15.5

Signage. The Planning Board, in consultation with the town planner and technical review committee, may impose stricter requirements than are required in the zoning ordinance for signage when, in their judgment, the specific proposal and site so necessitates in order to comply with the intent and spirit of the design guidelines contained in appendix A. All exterior lighting and signs shall be shown on the development plan and detailed design (i.e., material, illumination, etc.) shall also be provided. The reasons for the stricter requirements shall be part of the motion to approve any development.

5.15.6

Density. The planning board, in consultation with the town planner and the technical review committee, may waive density requirements for multifamily housing, provided that all requirements and standards for the proposed residential use is met, and the proposal, in the judgment of the planning board, is consistent with the design guidelines in appendix A.

5.15.7

Expansion of legal nonconforming uses. Any nonconforming use lawfully existing prior to the adoption of this ordinance may not be expanded. However, in all cases, any use change proposal should be submitted to the planning board for determination as to whether a proposed change of use, after consultation with the town planner and the technical review committee, is consistent with the allowed uses in this ordinance.

5.15.8

Architectural controls and review process.

(A)

An intention of the ADCD zoning classification is to preserve the character and the charm of the village commercial district character of the Arctic area.

(B)

The planning board reviews proposals for any construction within the ADCD zone including new renovations, alterations, repairs, removal, and/or demolition of buildings. The review includes proposed changes to major buildings, structures (gazebos, walls), secondary buildings (garages, sheds), and appurtenances (pavings, signs, fences, lighting, landscaping), roofing material, exterior siding, windows, doors, accessories (shutters, sidelights, transoms, crossheads, door pediments), dormers, eaves, trim, gutters and downspouts, fences, walkways, paving, and foundations. The planning board, in consultation with the town planner and the technical review committee, will determine the appropriateness and consistency of the architectural design of all new development or rehabilitation of existing structures as it relates to the design guidelines outlined in appendix A. The planning board has sole discretion to disapprove of any architectural design that does not comply with the intent and spirit of the design guidelines outlined in appendix A.

(C)

When authentic building materials are unavailable, synthetic and/or engineered products that emulate and replicate the architectural style may be substituted. Authentic restoration is not a requirement of development with the ADCD; however, replication of the authentic materials/features/styles is required for development plans submitted following adoption of this ordinance.

(D)

Prior to the start of any work, proposed changes to major buildings, structures, secondary buildings, and appurtenances must be submitted by the owner or the owner's agent to the town planner, who will determine whether the proposed work is major or minor, as defined below. If the work is determined to be "major," the town planner will submit the completed application packet to the planning board in the form of a site development plan, which shall include architectural elevations and/or construction details. A site development plan is required for all proposed developments. All site development plans shall meet the requirements of sections 17.7 and 17.8 inclusive of the town zoning code. This site development plan must receive a certificate of appropriateness within the ADCD even if a building permit from the local building official is not required.

(E)

If the town planner deems the proposed work to be "minor," he will consult with the technical review committee and the building official and either grant approval, require changes for approval or refer the application to the planning board. Approval from either by the planning board or the town planner shall be required even if a building permit from the local building official in not required.

(F)

"Major" work is defined as proposed changes to major buildings, secondary structures (garages, sheds, gazebos, etc.), structural walls and expansion and changes in use of any buildings and structures, removal and/or demolition of buildings.

(G)

"Minor" work is defined as changes in paving materials, new signage, new outdoor decks, above ground pools, new fencing, landscaping and other appurtenances.

(H)

No review is required for ordinary exterior maintenance and repair provided there is no significant change in design, architectural features, or type of materials used. Interior alterations do not require review for appropriateness within the ADCD, however, type of use, standard building laws and codes, etc. still exist and must be adhered to.

(I)

The ADCD may or may not include historical areas. In the case where the structure in question is located within a historical designation area, historical building regulations take precedence over ADCD requirements provided that those historical building regulations are determined by the planning board to be more strict than ADCD requirements.

(J)

As part of the application process, an informational packet providing greater detail on architectural controls will be provided.

5.15.9

Other provisions.

(A)

The geographic footprint for the ADCD boundaries for the Village of Arctic will be as follows, as shown on the town zoning map.

(B)

The geographic footprint may be expanded or reduced as deemed appropriate by the planning board with the recommendation of zoning board of review and approved by the town council.

(C)

Any lot that falls within two or more zones will be considered to be subject to the provisions of the design control district.

(D)

All other questions, disputes, etc. not specifically covered within this regulation shall be revolved [resolved] by the determination of the planning board, acting in consultation with the town planner and the technical review committee and shall focus on the appropriateness of the subject vis-a-vis the spirit and the intent of the ADCD zone.

5.15.10

Public hearing. The review process by the planning board shall be at a public hearing for all applications for "major" activities as defined by this ordinance. Public notice of the date of the hearing shall be given at least 14 days prior to the date of the hearing in a newspaper of general circulation in the town. Notice shall be sent by the applicant to each record owner within 200 feet of the subject property, by certified mail, return receipt requested, of the time and place of the hearing not less than ten days prior to the date of the hearing. Said notice shall also include the street address of the subject property. The cost of all such notice shall be borne by the applicant.

5.15.11

Fees. There will be an application fee, of $500.00 for each application for approval for major work, and an application fee of $50.00 for minor work as defined in this zoning code. The application fee shall be paid with five days from the date of notification to the applicant as to whether the application is a major or minor. No further processing of the application shall be done until the application fee is paid in full.

5.15.12

Expiration dates. Any approval granted by the planning board of any application submitted pursuant to section [5.15] of this zoning code shall expire one year from the date of issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. Exercise of the right as stated herein shall mean that the applicant shall commence work on the project approved and that there shall be no interruption of such work for a period in excess of six months at any time until completion of the project. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.

5.17

Reserved.

5.18

Reserved.

5.19

Floodplain hazard areas.

5.19.1

Statement of purpose. The purpose of this ordinance is to ensure public safety; minimize hazards to persons and property from flooding, to protect watercourses from encroachment, and to maintain the capability of floodplains to retain and carry off floodwaters. The town elects to comply with the requirements of the National Flood Insurance Act of 1968 (P.L. 90-488, as amended).

5.19.2

Applicability.

5.19.2.1

Special flood hazard areas. The special flood hazard areas are herein established as a floodplain overlay district. The district includes all special flood hazard areas within the town designated as zone A, AE and AO on the Kent County Flood Insurance Rate Map (FIRM) and digital FIRM issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Kent County FIRM that are wholly or partially within the town, community number 44007, are panel numbers 0106H, 0107H, 0108H, 0109H, 0116H, 0117H, 0126H, 0128H, and 0136H dated October 2, 2015. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Kent County Flood Insurance Study (FIS) report dated October 2, 2015. The FIRM and FIS report and any revisions thereto are incorporated herein by reference and are on file with the building official and in the office of the town planner.

5.19.2.2

Administrative procedures.

5.19.2.2.1

Building permit. All proposed construction or other development within a special flood hazard area shall require a permit.

The National Flood Insurance Program Special Flood Hazard Area requires permits for all projects that meet the definition of development, not just "building" projects. Development projects include any filling, grading, excavation, mining, drilling, storage of materials, temporary stream crossings. If the construction or other development within a Special Flood Hazard Area is not covered by a building permit, all other non-structural activities shall be permitted by either the Rhode Island Coastal Resources Management Council and/or the Rhode Island Department of Environmental Management as applicable. Therefore, if another State agency issues a permit, the local building official must have the opportunity for input and keep a copy of the respective permit in their files.

If the construction or other development within a Special Flood Hazard Area is not covered by a building or other approved permit application, a flood hazard development permit shall be required. The application for a flood hazard development permit shall be submitted to the Building Official and shall include:

a.

The name and address of the applicant;

b.

An address or a map indicating the location of the construction site;

c.

A site plan showing location of existing and proposed structures, sewage disposal facilities, water supply facilities, areas to be cut and filled, and the dimensions of the lot;

d.

A statement of the intended use of the structure;

e.

A statement as to the type of sewage system proposed;

f.

Specification of dimensions of the proposed structures;

g.

The specific datum used for all elevations;

h.

The elevation (in relation to mean sea level) of the lowest floor, including basement, and if the lowest floor is below grade on one or more sides, the elevation of the floor immediately above;

i.

Base flood elevation data for all new, relocated or substantially improved structures;

j.

The elevation (in relation to mean sea level) to which the structure will be floodproofed;

k.

The description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.

Prior to the issuance of a building or development permit, the applicant shall submit evidence that all necessary permits and approvals have been received from all government agencies from which approval is required by federal or state law.

A permit fee (based on the cost of the construction) may be required to be paid to the town and a copy of a receipt for the same shall accompany the application. An additional fee may be charged if the code enforcement officer and/or board of appeals need the assistance of a professional engineer.

5.19.2.2.2

Disclaimer of liability. The degree of flood protection required by the ordinance is considered reasonable but does not imply total flood protection.

5.19.2.2.3

Severability. If any section, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court, the remainder of the ordinance shall not be affected.

5.19.2.2.4

Abrogation and greater restriction. This ordinance shall not in any way impair/remove the necessity of compliance with any other applicable laws, ordinances, regulations, etc. Where this ordinance imposes a greater restriction, the provisions of this ordinance shall control.

5.19.3

Notification of watercourse alteration. In a riverine situation, building official shall notify the following of any alteration or relocation of a watercourse:

Adjacent communities.

NFIP state coordinator
Rhode Island Emergency Management Agency
645 New London Avenue
Cranston, RI 02920

Risk Analysis Branch
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor Boston, MA 02110

The carrying capacity of the altered or relocated watercourse shall be maintained.

5.19.4

Use regulations.

5.19.4.1

Reference to Existing Regulations. The special flood hazard areas are established as a floodplain overlay district. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with the following:

Rhode Island State Building Code (as established under G.L. § 23-27.3[G.L. 1956, ch. 23- 27.3]);

Coastal Resources Management Program, Coastal Resource Management Council (G.L. § 46-23[G.L. 1956, ch. 46-23]);

Endangered Species Act, Department of Environmental Management (G.L. [1956], § 20-1-2);

Freshwater Wetlands Act, Department of Environmental Management (G.L. [1956], § 2-1-18);

Minimum Standards Related to Individual Sewage Disposal Systems, Department of Environmental Management (G.L. § 5-56, 5-56.1, 23-19.15, 23-24.3, 42-17.1 and 46-13.2[G.L. 1956, chs. 5-56, 5-56.1, 23-19.15, 23.24.3, 42-17.1, and 46-13.2]);

Water Quality Regulations, Department of Environmental Management (G.L. § 42-17.1, 42-17.6 and 46-12[G.L. 1956, chs. 42-17.1,42-17.6 and 46-12]).

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

5.19.4.2

Other use regulations.

1.

Within zone AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

2.

Within zone AO on the FIRM, new and substantially improved residential structures shall have their lowest floor at least as high as the FIRM'S depth number above the highest adjacent grade and non-residential structures shall be elevated or flood-proofed above the highest adjacent grade to at least as high as the depth number on the FIRM. On FIRMs without a depth number for the AO zone, structures shall be elevated or flood-proofed to at least two feet above the highest adjacent grade.

3.

In zones A and AE, along watercourses that have a regulatory floodway designated on the town FIRM or flood boundary and floodway maps encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

4.

All subdivision proposals must be designed to assure that:

a.)

Such proposals minimize flood damage;

b.)

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

c.)

Adequate drainage is provided to reduce exposure to flood hazards.

5.

Detached accessory structures in zones A, AE and AO (i.e., garages, sheds) do not have to meet the elevation or dry flood-proofing requirement if the following standards are met:

a.)

The structure is no more than 100 square feet in size and has a value less than $1,000.00.

b.)

The structure has unfinished interiors and must not be used for human habitation. An apartment, office or other finished space over a detached garage is considered human habitation and would require the structure to be elevated.

c.)

The structure is used solely for parking of vehicles and/or limited storage.

d.)

The accessory must be wet floodproofed and designed to allow for the automatic entry and exit of flood water.

e.)

The accessory structure shall be firmly anchored to prevent flotation, collapse and lateral movement.

f.)

Service facilities such as electrical, mechanical and heating equipment must be elevated or floodproofed to or above the base flood elevation.

g.)

The structure must not increase the flood levels in the floodway.

h.)

The structure is not in a floodway.

i.)

The structure is not used for hazardous materials.

6.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

7.

No person shall change from business/commercial to residential use of any structure located in a floodway of a Special Flood Hazard Area so as to result in a use or expansion that could increase the risk to the occupants.

5.19.4.3

Base flood elevation and floodway data.

1.

Flood way data. In zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

2.

Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

3.

Base flood elevations in A zones. In the absence of FEMA BFE data and floodway data, the best available federal, state, local, or other BFE or floodway data shall be used as the basis for elevating residential and non-residential structures to or above the base flood level and for floodproofing non-residential structures to or above the base flood level.

5.19.5

Definitions. Unless specifically defined below, words and phrases used in this ordinance pertain to floodplain management, have the same meaning as they have in common usage and to give this ordinance it's most reasonable application.

Accessory structure. A structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Area of shallow flooding. A designated AO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood hazard. See definition for Special flood hazard area.

Base flood. The flood having a one percent chance of being equaled or exceeded in any given year.

Base flood elevation (BFE). The elevation of the crest of the base flood or 100-year flood. The height, as established in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum where specified), in relation to mean sea level expected to be reached by the waters of the base flood at pertinent points in the floodplains of coastal and riverine areas.

Basement. Any area of the building having its floor subgrade (below ground level) on all sides.

Building. See definition for Structure.

Cost. As related to substantial improvements, the cost of any reconstruction, rehabilitation, addition, alteration, repair or other improvement of a structure shall be established by a detailed written contractor's estimate. The estimate shall include, but not be limited to, the cost of materials (interior finishing elements, structural elements, utility and service equipment); sales tax on materials, building equipment and fixtures, including heating and air conditioning and utility meters; labor; built-in appliances; demolition and site preparation; repairs made to damaged parts of the building worked on at the same time; contractor's overhead; contractor's profit; and grand total. Items to be excluded include cost of plans and specifications, survey costs, permit fees, costs to correct code violations subsequent to a violation notice, outside improvements such as septic systems, water supply wells, landscaping, sidewalks, fences, yard lights, irrigation systems, and detached structures such as garages, sheds, and gazebos.

Development. Any man-made change to improved or unimproved real estate, including but not limited to the construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment.

Existing manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured home[s] are to be affixed (including, as a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or existing manufactured home subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Federal Emergency Management Agency (FEMA). The federal agency that administers the National Flood Insurance Program (NFIP).

Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from either the overflow of inland or tidal waters, or the unusual and rapid accumulation or runoff of surface waters from any source.

Flood insurance rate map (FIRM). The official map of a community on which the Federal Emergency Federal Insurance Administrator has delineated both the special flood hazard areas and the insurance risk premium zones applicable to a community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Flood insurance study (FIS). The official study of a community in which the Federal Emergency Management Agency (FEMA) has conducted a technical engineering evaluation and determination of local flood hazards, flood profiles and water surface elevations. The flood insurance rate maps (FIRM), which accompany the FIS, provide both flood insurance rate zones and base flood elevations, and may provide the regulatory floodway limits.

Flood proofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. For the purposes of these regulations, the term "regulatory floodway" is synonymous in meaning with the term "floodway."

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

Highest adjacent grade (HAG). The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historic significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior or (2) Directly by the Secretary of the Interior in states without approved programs.

Lowest floor. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a buildings lowest floor; Provided, that such enclosure is not built so as to render the structure in violation of any applicable non-elevation design requirements of section 5.20.3.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

Manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale.

Market value. Market value is the price of a structure that a willing buyer and seller agree upon. This can be determined by an independent appraisal by a professional appraiser; the property's tax assessment, minus land value; the replacement cost minus depreciation of the structure; the structure's actual cash value.

New construction. Structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, new construction means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

New manufactured home park or manufactured home subdivision. A manufactured home park or manufactured home subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including[,] at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain regulations adopted by the community.

Recreational vehicle. A vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory flood way. See definition for Floodway.

Sheet flow area. See definition for Area of shallow flooding.

Special flood hazard area (SFHA). The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zoning A usually is refined into Zone A, AO, AH, Al-30, AE, A 99, AR, AR/A 1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or Vl-30, VE or V. For purpose of these regulations, the [phrase] "special flood hazard area" is synonymous in meaning with the phrase "area of special flood hazard."

Start of construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, substantial improvement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erections of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

For insurance purposes, means:

1.

A building with two or more outside rigid walls and a fully secured roof, that is affixed to a permanent site;

2.

A manufactured home ("a manufactured home," also known as a mobile home, is a structure; built on permanent chassis, transported to its site in one or more sections, and affixed to a permanent foundation); or

3.

A travel trailer without wheels, built on a chassis and affixed to a permanent foundation, that is regulated under the community's floodplain management and building ordinances or laws.

For the latter purpose, [the term] "structure" does not mean recreational vehicle or a park trailer or other similar vehicle, except as described in paragraph (3) of this definition, or a gas or liquid storage tank.

Substantial damage. Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, additions or other improvements to a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include:

1.

Any project to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

2.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."

Variance. A grant of relief by a community from the terms of the floodplain management ordinance that allows construction in a manner otherwise prohibited and where specific enforcement would result in unnecessary hardship.

Violation. Failure of a structure or other development to be fully complaint with the community's floodplain management ordinance. A structure or other development without required permits, lowest floor elevation documentation, flood-proofing certificates or required floodway encroachment calculations is resumed to be in violation until such time as that documentation is provided.

(Ord. No. 2024-5, 6-18-2024; Ord. No. 2024-12, 9-3-2024; Ord. No. 2024-18, 10-15-2024)

6.0

[Generally.] Except as required herein, a lot or group of contiguous lots having dimensions and/or area of lesser amounts than required in the table of standard dimension regulations for the district in which such lot is located, or which does not meet road frontage or other access requirements, may be considered as coming within the minimum lot requirements of same, provided that such lot or group of contiguous lots was shown on a recorded plat or on a recorded deed on the original effective date of this ordinance which rendered the lot(s) nonconforming and singly and separately owned and not adjoining any lot or land in the same ownership at any time subsequent to such date, may be used, or a building or structure may be erected on such lot for use, in accordance with all other applicable provisions of this ordinance, provided that proof of such separate ownership is submitted in the form of a certified abstract or chain of title showing that no contiguous property was owned by an owner of the lot(s) since the date of any previously applicable zoning ordinance.

6.1

Merger with contiguous lots under common ownership. It is the intent of this section to require merger of contiguous unimproved or improved substandard lots of record in the same ownership in order to create dimensionally conforming lots or to reduce the extent of dimensional nonconformance and to remove lots that fail to meet road frontage or other access requirements. Accordingly, except as provided in subparagraphs 6.1.1 through 6.1.3, if two or more contiguous lots having continuous frontage are under common ownership after August 10, 1965 (the effective date of the Zoning Ordinance) and one or more of these lots fails to meet the requirements of the Table of Standard Dimensional Regulations with regard to minimum lot area or minimum lot width, such lots shall be considered to be an individual lot of land for the purpose of this ordinance, and any lot that does not meet road frontage or access requirements that is contiguous with a lot having sufficient road frontage or access under common ownership, such lots shall be considered to be an individual lot of land for the purpose of this ordinance. Contiguous lots or parcels shall:

a.

Share common and abutting boundary lines;

b.

Not be separated by a street or other property.

No single lot shall be used in violation of the requirements with regard to minimum lot area or minimum lot width, except as hereinafter provided:

6.1.1

Where the substandard lots of record are each occupied by principal structures, the lots are not to be considered to have merged.

6.1.2

Where the principal structures exist on multiple substandard lots of records, the owner may submit and the Town Planner may approve an Administrative Subdivision Plat pursuant to the Town of West Warwick Land Development and Subdivision Review Regulations which merges all or portions of the various lots into two or more undersized lots for the purpose of providing each principal structure with a separate and distinct lot; provided, however, no undeveloped substandard lot of record owned by the parties to the Administrative Subdivision shall be allowed to remain. In approving the Administrative Subdivision Plat as permitted in this subparagraph, the Town Planner may disregard any setback encroachments by preexisting buildings where the encroachments a.) arise through the creation of the new lots by the new subdivision plat or b.) are preexisting; provided no building is located on a property line. However, any new development which occurs on the lots after the date of approval of the Administrative Subdivision Plat shall be required to conform to the setback requirements of the Zoning Ordinance unless a Variance is granted pursuant to Section 9 of the Zoning Ordinance. This provision does not permit waiver of the requirement that all lots have frontage on a town-accepted public road.

6.1.3

Lots subject to 6.1.1 or 6.1.2 shall be considered as being subject to Section 6.2 of the Town of West Warwick Zoning Ordinance.

6.1.4

Merger prohibited for certain lots. The merger of lots shall not be required when the substandard lot of record has an area equal to or greater than the area of fifty percent (50%) of the lots within two hundred feet (200 ft) of the subject lot, as confirmed by the zoning enforcement officer.

6.2

Residential use of nonconforming lots. In R-10 and R-8 residential districts, a dwelling may be erected, enlarged or altered on a nonconforming lot or on two or more abutting nonconforming lots under common ownership. R-7.5 and R-6 residential districts are specifically excluded from the below listed provisions, except in those instances where involuntary destruction or damage occurs. The use of the provisions in R-10 and R-8 residential districts is subject to the following:

6.2.1

Where such lot or lots contain less than 75 percent of the required minimum lot area or have less than 70 feet of continuous frontage, it shall be necessary for the owner thereof to receive a variance from the zoning board in order to construct a new dwelling thereon. The zoning board shall stipulate the maximum size of the dwelling to be placed thereon and its location on said lot or lots and any other conditions it deems reasonably necessary to promote the purposes of this ordinance taking into consideration in its findings the availability of infrastructure, the character of the neighborhood, and consistency with the comprehensive plan.

6.2.2

Where such lot or lots contain a minimum of 75 percent of the lot area and have a minimum continuous frontage of at least 70 feet, a new dwelling may be constructed thereon, without approval from the zoning board being necessary; provided that such construction complies with the front and corner side yard, side yard, rear yard height and lot coverage requirements of the table of standard dimensional regulations for the district in which such lot is located.

6.2.3

Where there is an existing dwelling on a nonconforming lot prior to the original effective date of this ordinance or any amendment thereof, such dwelling may be enlarged or altered without approval from the zoning board being necessary; provided, that such alteration or enlargement complies with the front and corner side yard, side yard, rear yard, height and lot coverage requirements of the table of standard dimensional regulations for the district in which such lot is located.

6.3

Nonresidential use of nonconforming lots. In any nonresidential district, a structure may be erected, enlarged or altered on a nonconforming lot with at least 70 feet of frontage; provided, that such alteration, enlargement or construction complies with the front and corner side yard, side yard, rear yard, height and lot coverage requirements of the Table of Standard Dimensional Regulations for the district in which such lot is located; and further provided, that the requirements of subsection 6.1 are met, if applicable.

6.4

Merger by death. Notwithstanding the provisions of subsection 6.1 above, where a legally existing substandard lot comes into the same record ownership as one or more adjacent lots solely by reason of death of a previous record owner, the owner of said lots in the same record ownership shall have three years from the date of death of the previous owner causing the lots to be in the same ownership to reconvey the lots into single and separate ownership. Failure to reconvey the lots into single and separate ownership shall result in the automatic merger of substandard lots for purposes of this ordinance.

6.5

Notwithstanding the failure of a single substandard lot of record or contiguous lots of record to meet the dimensional and /or quantitative requirements of this zoning ordinance, and/or road frontage or other access requirements applicable to the district as stated in the ordinance, a substandard lot of record shall not be required to seek any zoning relief based solely on the failure to meet minimum lot size requirements of the district in which such lot is located. The setback, frontage, and/or lot width requirements for a structure under this section shall be reduced and the maximum building coverage requirements shall be increased by the same proportion as the lot area of the substandard lot is to the minimum lot area requirement of the zoning district in which the lot is located. All proposals exceeding such reduced requirement shall proceed with a modification request under Section 8 or a dimensional variance request under Section 10, whichever is applicable.

(Ord. No. 2024-5, 6-18-2024)

7.1

Purpose. Buildings, structures or land nonconforming by use and/or nonconforming by dimension as defined in section 7.3 herein are incompatible with and detrimental to permitted uses in the zoning districts in which they are located, cause disruption of the comprehensive land use pattern of the town, inhibit present and future development of nearby properties, and confer upon their owners and uses a position of unfair advantage. It is a fundamental principal of this chapter [ordinance] that nonconformities may be continued but shall not be increased and should be eventually abolished or reduced to conformity according to the fair interests of the parties involved. It is also intended that existing nonconformities shall not cause further departures from this ordinance for any properties.

7.2

Application. These provisions shall apply to all uses of land, buildings or structures or lots lawfully existing prior to the original effective date of this ordinance or of subsequent amendments, revisions or reenactments of this ordinance, which uses, buildings, structures or lots do not conform to the provisions of said original zoning ordinance or to such amendments, revisions or reenactments on their effective dates.

7.3

Unlawful conditions. No unlawful use, building, structure or lot existing at the original effective date of this ordinance or any subsequent amendment, revision or reenactment shall be deemed to be a nonconforming building, structure or use.

7.4

Continuation. The lawful uses of any building, structure, sign, premises, or land existing on the original effective date of the ordinance or as of any subsequent amendment of this ordinance may be continued although such use or structure or sign does not conform with the provision of this chapter [ordinance]. This shall not, however, be interpreted to prevent the regulation of nuisances or other conditions associated with their continuation.

7.5

Lot size reduction exceptions. Existing lots on which a primary structure is situated, whether conforming or non-conforming by dimension or use, may be further reduced in area even if such lot is smaller than is hereby required in the table of standard dimension regulations for each zoning district if such reduction is the result of a taking by eminent domain or by a conveyance for a public purpose.

7.6

Alteration of nonconforming use. No addition, enlargement, expansion or intensification in the extent of the nonconforming use of premises or land shall be made. Except as provided herein, a nonconforming use, if changed, shall be changed to a permitted use and once changed to a permitted use shall not thereafter be changed to a nonconforming use. A nonconforming use of land or of a structure shall not otherwise be changed to another nonconforming use that is substantially different in nature and purpose.

7.7

Alteration of structure nonconforming by dimension. No addition, enlargement, or expansion to a structure or building nonconforming by dimension shall be made except in conformance with the provisions of this chapter [ordinance]. This shall not apply to second story additions, providing that there is no projection into a required yard. A conforming use within a building or structure which is nonconforming by dimension may be changed to any other conforming use.

7.8

Moving. A building or structure nonconforming by use or dimension shall not be moved in whole or in part unless such building or structure is made to conform to all of the regulations of the district.

7.9

Restoration of damaged structures. A structure nonconforming by dimension which is involuntarily destroyed or damaged in any manner or from any cause may be repaired or rebuilt within the limits of the original dimensions and upon the original location of such structure without conforming to the provision of this ordinance, provided that a reasonable attempt has been made to comply with this ordinance.

7.10

Abandonment. If a nonconforming use is abandoned, it may not be reestablished. Abandonment of a nonconforming use shall consist of some overt act, or failure to act, which would lead one to believe that the owner of the nonconforming use neither claims nor retains any interest in continuing the nonconforming use unless said owner can demonstrate an intent not to abandon the use. An involuntary interruption of nonconforming use, such as by fire and natural catastrophe does not establish the intent to abandon the nonconforming use. However, if any nonconforming use is halted for a period of one year, the owner of such nonconforming use will be presumed to have abandoned such nonconforming use, unless such presumption is rebutted by presentation of sufficient evidence of intent not to abandon the use.

7.11

Demolition. If a building or structure nonconforming by dimension or a building or structure housing a nonconforming use, is demolished at the direction of the owner or other authorized parties, the building or structure or nonconforming use shall not be reestablished, and any future building, structure or use of the lot, or premises shall conform to the provisions of this ordinance.

7.12

Maintenance and repair. A structure nonconforming by dimension or a building or structure containing a nonconforming use shall be properly maintained in good repair as may be required by any other ordinance or statute, provided that any such work does not enlarge or extend any nonconforming use or otherwise increase any nonconformity.

7.13

Prior building permits. Any building permit issued prior to the effective date of this ordinance or any amendment thereto shall be activated within one year from the date of issuance or otherwise automatically become null and void. Any such permit for use which by virtue of the adoption of this ordinance or any amendment thereto would become nonconforming shall become null and void and shall not be renewed if not activated within one year from the date of original issuance.

7.14

Destruction exceeding 50 percent of replacement cost. Any structure containing a nonconforming use or located on a nonconforming lot, including a nonconforming structure which is damaged by fire, or natural disaster to the extent that the cost of reconstruction or repair exceeds 50 percent of the replacement cost of such structure as determined by the building inspector, shall not be reestablished as a nonconformance unless granted a variance by the zoning board. It is the intent of this subsection that the zoning board, if granting such variance, shall require that any reestablishment of nonconformance conform to the terms of this ordinance to the greatest extent possible.

7.15

Destruction equal to or less than 50 percent of replacement cost. Any structure containing a nonconforming use or located on a nonconforming lot, including a nonconforming structure which is damaged by fire, or natural disaster to the extent that the cost of reconstruction or repair equals or is less than 50 percent of the replacement cost of such structure, as determined by the building inspector, shall be permitted to reestablish its nonconformance status; provided that reconstruction and repairs be fully completed within one year of the date of the destructive event and that such reestablishment of nonconformance shall not exceed the extent of nonconformance existing prior to the damage.

7.16

Existence by variance or special use permit. A non-conforming building, structure, sign, or parcel of land or the use thereof, which exists by virtue of a [variance or special use permit] shall be considered a nonconforming use or dimension, as the case may be, and shall acquire the rights of this section.

(Ord. No. 2024-5, 6-18-2024)

The zoning officer is authorized to grant modification permits of up to and including fifteen percent (15%) ⁴ of the literal dimensional requirements of this ordinance as follows:

a.

Within ten (10) days of the receipt of a request for a modification, the zoning enforcement officer shall make a decision as to the suitability of the requested modification based on the following determinations:

1.

The modification is reasonably necessary for the full enjoyment of the permitted use;

2.

If the modification is granted, neighboring property will neither be substantially injured nor its appropriate use substantially impaired;

3.

The modification requested does not require a variance of a flood hazard requirement, unless the building is built in accordance with applicable regulations;

4.

The modification requested does not violate any rules or regulations with respect to freshwater or coastal wetlands.

b.

Upon an affirmative determination, in the case of a modification of five percent (5%) or less, the zoning enforcement offer shall have the authority to issue a permit approving the modification, without any public notice requirements. In the case of a modification of greater than five percent (5%), the zoning enforcement officer shall notify, by first class mail, all property owners abutting the property which is the subject of the modification request, and shall indicate the street address of the subject property in the notice, and shall publish in a newspaper of local circulation within the city or town that the modification will be granted unless written objection is received within fourteen (14) days of the public notice. If written objection is received within fourteen (14) days, the request for modification shall be scheduled for the next available hearing before the zoning board of review on application for a dimensional variance following the standard procedures for such variances, including notice requirements provided for under this chapter. If no written objections are received within fourteen (14) days, the zoning enforcement officer shall grant the modification.

c.

The zoning enforcement officer may apply any special conditions to the permit as may, in the opinion of the officer, be requested to conform to the intent and purposes of the zoning ordinance.

d.

The zoning enforcement officer shall keep public records of all requests for modifications, and of findings, determinations, special conditions, and any objections received.

e.

Costs of any notice required under this subsection shall be borne by the applicant requesting the modification.

(Ord. No. 2024-5, 6-18-2024)

State Law reference— ⁴ Amended RIGL § 45-53-4(d)(3)(i)(A) allows municipalities to permit modifications of up to twenty-five percent (25%).

9.1

Unified development review established. There shall be unified development review for the issuance of variances and special use permits for properties undergoing review by development plan review and/or land development or subdivision review.

9.2

Public hearing. All land development and subdivision applications, and development plan review applications that include requests for variances and/or special-use permits submitted pursuant to this section, shall require a public hearing that meets the requirements of Section 9.3.

9.3

In granting requests for dimensional and use variances, the planning board shall be bound to the requirements of Section 9.8 relative to entering evidence into the record in satisfaction of the applicable standards.

9.4

In reviewing requests for special use permits the planning board shall be bound to the conditions and procedures under which a special use permit may be issued and the criteria for the issuance of such permits, as found within the zoning ordinance at Section 5.3, and shall be required to provide for the recording of findings of fact and written decisions in accordance with Section 10.8.2.

9.5

Appeals. An appeal from any decision made pursuant to this section may be take pursuant to R.I.G.L. § 45-23-71.

(Ord. No. 2024-5, 6-18-2024)

10.1

An application for relief from the literal requirements of the zoning ordinance because of hardship may be made by any person, group, agency, or corporation by filing with the zoning enforcement officer or the Town Planner in the case of unified development review an application describing the request and supported by such data and evidence as may be required by this ordinance. The zoning enforcement officer shall immediately transmit each application received fully completed to the appropriate review board(s).

10.2

In granting a variance, the review board may apply special conditions as provided for in this ordinance.

10.3

In the case where the zoning board of review is the review board, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance may request that the planning board or town planner report its findings and recommendations, including a statement on the general consistence of the application with the goals and purposes of the comprehensive plan of the town, in writing to the zoning board of review within 30 days of receipt of the application from that board. The zoning board shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the town clerk's office and one other municipal building in the town and the notice shall be posted on the town's home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.

10.4

Twelve complete copies of the application must be submitted. The application shall include the following completed data in order to be placed on a hearing agenda:

10.4.1

A completed application indicating the variance(s) sought and the grounds for the variance(s);

10.4.2

Names and addresses of all owners of the property within a 200-foot radius as measured from the perimeter of the subject property and as shown on the current real estate tax assessment records of the town;

10.4.2.1

If the subject property for which the variance is being requested lies within the BP business park zoning district, then the applicant shall also include the names and addresses of all owners of the property within said zoning district;

10.4.3

An accurate site map drawn at a scale of 1" = 20' (or 1" = 40') on a sheet(s) 24 inches by 36 inches showing the following for the subject property:

10.4.3.1

The shape, dimension, area and street number of the subject property;

10.4.3.2

The location, size and use of all existing and proposed conditions;

10.4.3.3

The zoning use district boundaries;

10.4.3.4

North arrow;

10.4.3.5

Title block in the lower right hand corner showing names(s) of the property owners; Assessor's plat and lot number of the subject property; date of plan; and a blank signature space for the Chairperson of the zoning board of review;

10.4.3.6

Parking areas and all existing and proposed impervious surfaces, groundcover, and topography to a two-foot contour (existing and proposed) if any change in lot coverage, change in topography or impervious surface is proposed; and

10.4.3.7

Such other information as may be necessary for the execution and enforcement of this chapter [section].

10.4.4

An accurate radius map which includes:

10.4.4.1

A title block in the lower right hand corner showing name(s) of the property owner; assessor's plat and lot number of the subject property; and, date of plan;

10.4.4.2

For all property within a 200-foot radius as measured from the perimeter of the subject property;

The shape, dimension and area of the property;

The location of all zoning use district boundary lines; and

The street numbers and assessor's plat and lot numbers.

10.4.4.3

The general location, shape and use of all existing buildings and structures within a 200- foot radius of the subject property;

10.4.4.4

Such other information as may be necessary for the execution and enforcement of this ordinance;

10.4.4.5

The application fee as set by the town council, to cover the costs associated with review, hearing, notice, and recording fee.

10.5

Requests for dimensional and use variances submitted under a unified development review provision of this zoning ordinance shall be submitted as part of the subdivision or land-development application to the administrative officer of the planning board. All subdivision or land-development applications submitted under the unified development review provisions of this zoning ordinance shall have a public hearing, which shall meet the requirements of RIGL §45-23-50.l(c).

The zoning board of review, immediately upon receipt of an application for a variance in the application of the literal terms of the zoning ordinance, may request that the planning board and/or staff report its findings and recommendations, including a statement on the general consistency of the application with the goals and purposes of the comprehensive plan, in writing, to the zoning board of review within thirty (30) days of receipt of the application from that board.

When the application is reviewed by the zoning board, it shall hold a public hearing on any application for variance in an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of general circulation in the city or town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The cost of notification shall be borne by the applicant. The same notice shall be posted in the town clerk's office in the municipal building in the town and the town must make the notice accessible on its town homepage of its website for fourteen (14) [days prior to the hearing]. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing.

If the subject property for which the variance is being requested lies within the BP business park zoning district, then the notification is to[sic] also be sent registered or certified mail to all owners of real property whose property is located within the BP business park zoning district; such notice shall be sent to the last known address of such owners as shown on the current real estate tax assessment records of the town.

10.6

Determination. Any party may appear at the hearing in person or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the zoning board of review shall be made and voted upon at a public meeting. The board shall hear all evidence on the variance request and consider the written reports of town staff when reaching a decision on the findings required.

10.7

Implementation, appeal.

10.7.1

The town clerk, acting in capacity as clerk for the zoning board of review, shall be responsible for the recording in the land evidence records of the town of West Warwick, all decisions on variance applications. The decision shall also be posted in a location visible to the public in the town Hall for a period of 20 days following the recording of the decision.

10.7.2

Any variance granted by the zoning board of review shall expire one year from the date of issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.

10.7.3

No application for a variance involving the same parcel and same request, which was denied or withdrawn with prejudice may be resubmitted for a variance for a period of one-year from the date of such denial or withdrawal with prejudice, unless the zoning board of review determines there is substantial change of circumstances, which justifies a variance application.

10.7.4

If the board allows an amendment to an original application which changes the terms under which the application as advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the planning board.

10.7.5

Any aggrieved party may appeal decisions of the zoning board of review to the superior court for Kent County.

10.7.6

All work approved by the issuance of a variance shall be carried out only in conformity with the application and any conditions set by the zoning board of review. application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

10.8

Findings required. In granting a variance, the zoning board of review, or the planning board under unified development review, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:

10.8.1

That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in R.I.G.L. § 45-24-30(a)(16);

10.8.2

That the hardship is not the result of any prior action of the applicant;

10.8.3

That the granting of the requested variance will not alter the general character of the surrounding area or impair the intent or purpose of the zoning ordinance or the comprehensive plan upon which the ordinance is based;

10.9

In granting a variance, the zoning board of review, or the planning board under unified development review shall, in addition to the above standards, require that evidence be entered into the record of the proceedings that:

10.9.1

In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of the zoning ordinance. Nonconforming use of neighboring land or structures in the same district and permitted use of lands or structures in an adjacent district shall not be considered in granting a use variance; and

10.9.2

In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted amounts to more than a mere inconvenience, meaning that the relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.

The zoning board of review, or the planning board under unified development review has the power to grant dimensional variances where the use is permitted by special use permit.

10.10

Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered and shall be a public record.

(Ord. No. 2024-5, 6-18-2024)

11.1

Uses not listed in Table of Uses.

To the extent a proposed land use is not specifically listed in Section 5.1, a property owner may submit a written request to the zoning enforcement officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special-use permit. The zoning enforcement officer will have twenty (20) days to provide a written evaluation to the property owner. Upon such determination, the proposed use may be considered to be a use requiring a special-use permit.

11.2

Application process. Applications for special use permits shall be filed with the zoning enforcement officer or the Town Planner in the case of unified development review. Twelve complete copies of the application must be submitted. The application shall include the following in order to be placed on a hearing agenda:

11.2.1

A completed special use permit application indicating the special use permit sought, the grounds for the permit, and information on the scale and size of the proposed use as applicable.

11.2.2

Names and addresses of all owners of property within a 200-foot radius as measured from the perimeter of the subject property, and as shown on the current real estate tax assessment records of the town.

11.2.2.1

If the subject property for which the special use permit is being requested lies within the BP business park zoning district, then the applicant shall also include the names and addresses of all owners of property within said zoning district, and as shown on the current real estate tax assessment records of the town.

11.2.3

An accurate site map drawn at a scale of one-inch equals 20 feet (or one-inch equals 40 feet) on a sheet(s) 24 by 36 inches showing for the subject property the same information as is required by subsections 10.4.3 and 10.4.4.

11.2.4

Evidence that the use will meet the criteria established for the use in Section 5.3.

11.2.5

Such other information as may be necessary for the execution and enforcement of this section.

11.2.6

The application fee as set by the town council, to cover the costs associated with review, hearing, notice, and recording fee.

11.3

An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use permit. If the special use could not exist without the dimensional variance, the zoning board of review shall consider the special use permit and the dimensional variance together to determine if the granting the special use is appropriate based on both the special use criteria and the dimensional variance evidentiary standards.

11.4

Review process.

11.4.1

Reserved.

11.4.2

Upon receipt of a special use permit application, fully completed, in proper form, the Application shall be referred to the technical review committee for findings and recommendations on matters related to public safety, health and welfare.

11.4.3

In the case where the zoning board of review is the review board, immediately upon receipt of an application for a special use permit may request that the planning board or town planner report its findings and recommendations, including a statement on the general consistence of the application with the goals and purposes of the comprehensive plan of the town, in writing to the zoning board of review within 30 days of receipt of the application from that board. The zoning board shall hold a public hearing on any application an expeditious manner, after receipt, in proper form, of an application, and shall give public notice at least fourteen (14) days prior to the date of the hearing in a newspaper of local circulation in the town. Notice of hearing shall be sent by first-class mail to the applicant, and to at least all those who would require notice under RIGL §45-24-53. The notice shall also include the street address of the subject property. The same notice shall be posted in the town clerk's office and one other municipal building in the town and the notice shall be posted on the town's home page of its website at least fourteen (14) days prior to the hearing. For any notice sent by first-class mail, the sender of the notice shall submit a notarized affidavit to attest to such mailing. The cost of notification shall be borne by the applicant.

11.5

Determination.

11.5.1

Any party may appear at the hearing in person, or by attorney. The hearing held by the zoning board of review is a public meeting and all decisions reached by the board shall be made and voted upon at public meeting. The board shall hear all evidence on the special use permit request; and consider the written reports of the planning board or town staff when reaching a decision on the findings required.

11.5.2

Decisions shall be recorded and filed in the office of the zoning board of review within 30 working days from the date when the decision was rendered and shall be a public record.

11.6

Implementation, appeal.

11.6.1

The town clerk, acting in capacity as clerk for the zoning board of review, shall be responsible for the recording in the land evidence records of the town of West Warwick, decisions on special use permits. The decision shall also be posted in a location visible to the public in town hall for a period of 20 days following the recording of the decision.

11.6.2

Any special use permit granted by the zoning board of review shall expire within one year from the date of its issuance, unless the applicant shall within that one-year period exercise the right granted by the decision. The board may upon application filed within the one-year period and for good cause shown, extend the limitation for one additional one-year period. The application for an extension need not be advertised.

11.6.3

No application for special use permit involving the same parcel and same request, which was denied or withdrawn with prejudice, may be resubmitted for a special use permit for a period of one-year from the date of such denial or withdrawal with prejudice, unless the zoning board of review determines there is a substantial change of circumstances, which justifies a special use permit application.

11.6.4

If the board allows an amendment to an original application which changes the terms under which the application was advertised or which alters the basic facts upon which the application was presented, the amended application shall be readvertised and referred to the planning board.

11.6.5

Any aggrieved party may appeal decisions of the zoning board of review to the superior court for Kent County.

11.6.6

All work approved by the issuance of a special use permit shall be carried out only in conformity with the application and any conditions, modifications and restrictions set by the zoning board of review. Minor changes, not exceeding six inches, shall be submitted to the building inspector for approval. Changes exceeding six inches shall be resubmitted to the zoning board of review in the form of a new application. Any work carried out in violation of this provision shall be ordered halted and fully removed.

(Ord. No. 2024-5, 6-18-2024)

12.1

In making any determination upon which it is required to pass after public hearing under the zoning ordinance, the zoning board of review or planning board may apply such special conditions that may in the opinion of the board, be required to promote the intent and purposes of the West Warwick comprehensive plan and the zoning ordinance. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, be incorporated into the decision, and may include but are not limited to provisions for:

12.1.1

Minimizing adverse impacts of the development upon other land, including the type, intensity, design and performance of activities;

12.1.2

Controlling the sequence of development ,including when it must be commenced and completed;

12.1.3

Controlling the duration of use or development and the time within which any temporary structure must be removed;

12.1.4

Assuring satisfactory installation and maintenance of required public improvements;

12.1.5

Designating the exact location and nature of development; and

12.1.6

Establishing detailed records by submission of drawings, maps, plats, or specifications.

(Ord. No. 2024-5, 6-18-2024)

13.1

Land development projects shall be reviewed in accordance with the procedures established in the Regulations.

(Ord. No. 2024-5, 6-18-2024)

14.1

Any application for development under this ordinance including an application for a special use permit, variance, land development project, or development plan review, shall be considered vested when the submitted application is deemed to be substantially complete by the proper administrator and/or official(s) designated to receive such applications. To be considered substantially complete, an application shall include all required forms, plans, supporting documentation, and required fees. Any application considered by the town under the provisions of this section shall be reviewed according to the regulations applicable in this ordinance in force at the time the application was deemed substantially complete.

14.2

If an application for development under the provisions of this section is approved, the applicant shall initiate and substantially complete development of the property within the time limit established for each of these actions in the appropriate section of this ordinance.

14.3

Failure to initiate development of the property prior to the time limit established at approval, shall render the approval null and void. Any development of the property proposed after the lapse of the time limit established at approval, shall require a resubmission of development plans by the applicant subject to the regulations in the appropriate section of this ordinance.

(Ord. No. 2024-5, 6-18-2024)

15.1

Printed copies of this ordinance and zoning map of the town shall be available to the general public and shall be revised to include all amendments. A reasonable charge shall be made for copies to reflect printing and distribution costs. The town clerk shall be responsible for providing these copies and collecting fees.

15.2

Upon publication of a zoning ordinance and zoning map and any amendments thereto, the town clerk shall send a copy, without charge, to the associate director of the division of planning of the department of administration of the State of Rhode Island and the state law library.

(Ord. No. 2024-5, 6-18-2024)